Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6628 of 2018 Arising Out of PS. Case No.-355 Year-2017 Thana- PATLIPUTRA District- Patna ====================================================== Rahul Kumar S/o Shri Sushil Kumar Singh, R/o Ramdinchak Mushahari, P.S.- Digha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnesh Kumar Singh For the Opposite Party/s :

Mr. NITYANAND ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 393 of the I.P.C. and Sections 37(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that on the alleged date and time of occurrence the informant reached near Rajeev Nagar, two miscreants came on motorcycle and tried to snatch laptop, mobile etc of the informant. On hulla, nearby people came and one of the accused was apprehended. The said accused was in drunken condition and smell of alcohol was coming from his mouth.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.10.2017. Charge

Patna High Court Cr.Misc. No.6628 of 2018(2) dt.17-02-2018 2/2 sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is alleged to have attempted to commit robbery in drunken state. The petitioner has falsely been implicated in the present case due to village politics. The allegations made in the F.I.R. is denied by the petitioner. 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, Patna in connection with Patliputra P.S. case No.355 of 2017 and Special case No.7249 of 2017. (Sudhir Singh, J) Narendra/- U T