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Patna High CourtCR. MISC./75864/2018bail granted

Billa @ Pinku v. The State Of Bihar

2019-01-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75864 of 2018 Arising Out of PS. Case No.-199 Year-2017 Thana- GOPALPUR District- Patna ====================================================== Billa @ Pinku S/o Kishundeo Rai @ Chamru Rai Resident of Village-Bairiya P.S. Gopalpur,Distt.-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Shankar Sinha For the Opposite Party/s :

Mr.Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned counsel appearing for the State.

The petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No.199 of 2017 (G.R. No.6886 of 2017) registered for the offences punishable under Sections 147, 148, 149, 150, 151, 152, 341, 342, 353, 504, 506, 337, 332, 333, 307, 308, 114, 115 and 120B of the Indian Penal Code.

Prosecution case as per the written report of Sunil Kumar, A.S.I of Gopalpur P.S. is to the effect that on 18.10.2017 at 5.00 P.M., during patrolling on the eve of Dipawali festival, on information having received that some people are gambling. Consequently, raid was laid and one person was apprehended with liquor who disclosed his name as Sanjay Kumar who was found in drunken condition along with cash amount of Rs.450/- and playing cards. It is further alleged that the apprehended accused was taken to the

Patna High Court Cr.Misc. No.75864 of 2018(2) dt.17-01-2019 2/2 office of Assistant Commissioner, Excise for conducting breath analyzer test then the family members of the miscreants blocked the road and raised slogans.

Learned counsel for the petitioner submits that the allegation is omnibus and general against mob. Statement has been made in paragraph 3 of the bail petition that the petitioner has no criminal antecedent.

Learned A.P.P. has vehemently opposed the prayer for bail and submits that the accused persons tried to obstruct the informant in discharging of official duty.

Considering the nature of accusation made against the petitioner and the fact that the statement made in para 3 of the bail petition that petitioner has no criminal antecedent, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IX, Patna in connection with Gopalpur P.S. Case No.199 of 2017 (G.R. No.6886 of 2017).

sanjeev/- (Dinesh Kumar Singh, J) U T