Lallu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10396 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== Lallu Rai, Son of Late Kanti Rai Resident of Mohalla- Pakri Ara, P.S.- Ara Nawada District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 385, 387/34 of the Indian Penal Code and 37(ii) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that the accused persons in drunken state misbehaved with the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.01.2019. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that the petitioner was misbehaving in drunken state. The petitioner has been made accused due to mistake of fact.

Patna High Court CR. MISC. No.10396 of 2019(3) dt.08-04-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Bhojpur at Ara in connection with Excise Case No. 78 of 2019 arising out of Ara Nawada P.S. Case No. 23 of 2019.

(Sudhir Singh, J) Pankaj/- U T