Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5941 of 2019 Arising Out of PS. Case No.-264 Year-2018 Thana- BUNIYAD GANJ District- Gaya ====================================================== Sudhir Kumar aged about 30 years (Male) son of Kali Yadav, resident of Village - Bahira, P.S.- Wazirganj, District, Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheikh Arkan Ahmad For the Opposite Party/s :

Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Buniyadganj P.S. Case No. 264/18 registered for the offence punishable under Sections 341, 323, 354 of the Indian Penal Code and Section 37(2) of the Bihar Prohibition & Excise Act, 2016.

Informant in her written complaint has stated that on 11.12.2018 at 5 a.m. in the morning, she was walking on the road when petitioner suddenly came and started teasing her and also tried to snatch the earring, nose-pin and on raising alarm, petitioner was apprehended by his relatives and family members and he was found in intoxicated condition.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on account of village rivalry. Petitioner has no criminal antecedent

Patna High Court Cr.Misc. No.5941 of 2019(2) dt.05-02-2019 2/2 and he is in custody since 11.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Buniyadganj P.S. Case No. 264/18, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T