Patna High CourtCR. MISC./55867/2018bail granted

Upendra Paswan @ Rai Jee v. The State Of Bihar

2018-09-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55867 of 2018 Arising Out of PS. Case No.-384 Year-2017 Thana- BODHGAYA District- Gaya ====================================================== Upendra Paswan @ Rai Jee, S/o Late Ram Jatan Ram, Resident of MohallahKali Asthan, P.S.- Belaganj, District- Gaya, Presently residing at House of Anita Devi, W/o Mahendru Paswan, Village- Hathiya, P.O. & P.S.- Bodh Gaya, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashutosh Singh For the Opposite Party/s :

Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 448, 341, 323, 376, 511 of the I.P.C. as well as Section 8 of the POSCO Act and 37(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that the petitioner in drunken state assaulted and outraged the informant's daughter. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.06.2017 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has remained in

Patna High Court Cr.Misc. No.55867 of 2018(2) dt.07-09-2018 2/2 custody for more than a year. As per the allegation, the petitioner in drunken state had tried to misbehave with informant's daughter. Same is mistake/error of fact. There is no recovery of liquor in the present case.

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 A.D.J. 1st-cum-Special Judge (POSCO Act), Gaya in connection with POSCO case No.48 of 2017 arising out of Bodh Gaya P.S. case No.384 of 2017.

(Sudhir Singh, J) Narendra/- U T