Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2536 of 2019 Arising Out of PS. Case No.-1070 Year-2018 Thana- KANKARBAG District- Patna ====================================================== Bittu Kumar, son of Shankar Prasad Resident of Near Braham Ashthan,Yogipur, P.S. Ram Krishna Nagar, Dist.-Patna and Permanent Resident of Humad Gali, Patna City, P.S. Malsalami, Dist.-Patna and in the FIR the present address of the petitioner has not been correctly written ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Sharma, Advocate.

For the Opposite Party/s :

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Special Case No. 10839 of 2018 arising out of Kankarbagh P.S. Case No. 1070 of 2018, instituted for the offence under Section(s) 290, 353, 384 of the Indian Penal Code and Section 37(C) of Excise Act. It is alleged in the written report that informant got information that two persons are illegally taking donation from the persons. The informant along with police personnel reached the place of occurrence and found 5-6 unknown persons present there. Petitioner along with Sonu Kumar has been apprehended by the Police. Other co-accused persons managed to run away. It is further alleged that Sonu Kumar was found in

Patna High Court Cr.Misc. No.2536 of 2019(2) dt.21-01-2019 2/2 drunken condition.

From the written report it appears that there is no recovery of any incriminating article from possession of the petitioner. He has been arrested on the spot. Petitioner is in custody since 14.11.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna, in connection with Special Case No. 10839 of 2018 arising out of Kankarbagh P.S. Case No. 1070 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T