Dilip Garai @ Dilip Garaee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21762 of 2020 Arising Out of PS. Case No.-88 Year-2020 Thana- VIDYAPATINAGAR DistrictSamastipur ============================================== DILIP GARAI @ DILIP GARAEE Son of Late Kapileshwar Garai Resident of Village- Sherpur, Ward No.12, Police Station- Vidyapati Nagar, District- Samastipur.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Md. Aslam Ansari ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-07-2020 Heard Mr. Bijay Bhushan Prasad, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in connection with Vidyapati Nagar (Samastipur) P.S. Case No. 88 of 2020 dated 24.05.2020 instituted for the offences under Sections 307, 323, 324, 333, 341, 353 and 504/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act.

It appears from the First Information Report that two persons were apprehended by two police constables on

Patna High Court CR. MISC. No.21762 of 2020(2) dt.08-07-2020 2/3 suspicion of their carrying liquor. The aforesaid two persons are said to have called their associates including the petitioner and thereafter a scuffle took place. One of the constables received two injuries.

Learned counsel for the petitioner has submitted that in fact the police constables resorted to assault and only to save their skin, the present F.I.R. has been lodged. The petitioner was not found to be in possession of any liquor. Only one bottle of liquor was found in the possession of two persons, who were initially intercepted by the police. The petitioner is stated to be an old person, who has only been framed in this case as he came on the call of aforesaid two persons. The injuries on the constable are reported to be simple in nature. The petitioner is in custody since 26.05.2020.

Considering the nature of accusation against the petitioner and his period of custody, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 02nd Additional Sessions

Patna High Court CR. MISC. No.21762 of 2020(2) dt.08-07-2020 3/3 Judge-cum-Special Judge Excise, Samastipur, in connection with Vidyapati Nagar (Samastipur) P.S. Case No. 88 of 2020.

(Ashutosh Kumar, J) sunilkumar/- U T