Niranjan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.45681 of 2017 (2) dt.19-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45681 of 2017 Arising Out of PS.Case No. -164 Year- 2017 Thana -DELHA District- GAYA ======================================================

1. Niranjan Kumar Son of Shiv Shankar Prasad resident of Mohalla - Kharkhura, Durga Asthan, P.S. - Delha, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 The petitioner seeks regular bail in connection with Delha P.S. Case No. 164 of 2017, registered for offences punishable under Sections 37(b) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is that police arrested him while he was in drunken state.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, he has sufficiently been punished for the said offence as he has been in judicial custody since 31.07.2017 and so far other criminal antecedent is concerned, in that case also he was caught by the police in inebriated condition.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.45681 of 2017 (2) dt.19-09-2017 Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with the direction to the court below to release the petitioner to his own satisfaction once charge is framed in this case or after completion of three months of judicial custody of the petitioner, whichever is earlier.

(Vinod Kumar Sinha, J) sunil/- U T