Patna High CourtCR. MISC./24568/2018bail granted

Sanjay Kumar v. State Of Bihar And ANR

2018-04-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24568 of 2018 Arising Out of PS. Case No.-174 Year-2017 Thana- KOTWALI District- Patna ====================================================== Sanjay Kumar S/o Baidyanath Rai, R/o Mohalla- Anisabad Post Office Gali, P.S.- Gardanibagh, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Reena Devi D/o Devmuni Rai, R/o Gardiner Road No.23, P.S.- Kotwali, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Mistry For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 342, 323, 498A/34 of the Indian Penal Code and Sections 37(b)(c) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is of committing torture upon the victim in drunken state.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.01.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner has relied upon the judgment of this

Patna High Court Cr.Misc. No.24568 of 2018(2) dt.24-04-2018 2/2 Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let 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 Special Judge, Excise, Patna in connection with Kotwali P.S. case No.174 of 2017 and Special case No.799 of 2017.

(Sudhir Singh, J) Narendra/- U T