Binay Bhushan @ Mantu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12389 of 2019 Arising Out of PS. Case No.-249 Year-2018 Thana- NADI P.S. District- Patna ====================================================== 1.

Binay Bhushan @ Mantu, Son of Shashi Bhushan Ray Resident of Village - Jethuli, P.S.- Nadi, District - Patna.

2.

Rajkishor Prasad @ Rajkishor @ Bablu Son of Nand Kishor Ray Resident of Village - Jethuli, P.S.- Nadi, District - Patna. 3.

Satish Kumar @ Bandhuwa Son of Kuna Ray Resident of Village - Jethuli, P.S.- Nadi, District - Patna.

4.

Rahul Kumar Son of Nawal Ray Resident of Village - Jethuli, P.S.- Nadi, District - Patna.

5.

Ravi Bhushan @ Chhotu Son of Shashi Bhushan Ray Resident of Village - Jethuli, P.S.- Nadi, District - Patna.

6.

Golu Kumar Son of Upender Jaisawal Resident of Village - Jethuli, P.S.- Nadi, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Special Case No. 11539 of 2018, arising out of Nadi P.S. Case No. 249 of 2018 dated 02.12.2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 353, 337, 338, 427, 431, 224 and 225 of the Indian Penal Code and Sections 34 & 37 of the Bihar Prohibition & Excise Amendment Act, 2016.

Patna High Court CR. MISC. No.12389 of 2019(2) dt.05-03-2019 2/2 It has been alleged in the FIR that the petitioners and others tried to extricate a person who had consumed liquor, from the captivity of the police. There is general and omnibus allegation against the petitioners and their names appears to have been provided by local people who have definite axe to grind against them.

The petitioners have clean antecedents and they are not alleged to have consumed liquor. Considering the aforestated facts and taking into account the clean antecedents of the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 11539 of 2018, arising out of Nadi P.S. Case No. 249 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T