Deelip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 17830 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- Amas District- Gaya ====================================================== Deelip Kumar, aged 30 years (male) son of Kishori Manjhi, resident of VillageMahuawan, P.S. Amas, Distt. Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-09-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Amas P.S. Case No. 16 of 2020 registered under sections 379, 341, 323 and 34 of the Indian Penal Code and section 37(2) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, while the informant was returning with his son from his shop, it is stated that three persons in an intoxicated condition beat-up the informant and took away Rs. 2500/. On calling the villagers on phone, two of the accused persons were caught while the petitioner managed to escape. It is submitted by learned counsel for the petitioner that the allegations against the petitioner as levelled in the FIR are false and concocted. No such occurrence has taken place. No specific allegation has been levelled against the petitioner. It is

Patna High Court CR. MISC. No.17830 of 2020(2) dt.15-09-2020 2/2 further submitted that had the allegations levelled against the petitioner been true, he would also have been arrested at the spot. The petitioner has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Amas P.S. Case No. 16 of 2020, he shall be enlarged on bail on furnishing bail bond of Rs. 10,000/ (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Sushma/- U T