Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32426 of 2019 Arising Out of PS. Case No.-153 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== AMIT KUMAR Son of Subodh Singh @ Bhola Singh Resident of VillageShiv Nagar Tola, P.S.- Mokama, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Jeet For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 414, 468, 471 of the Indian Penal Code and Section 37(b) (c) of the Bihar Prohibition Amendment Excise Act, 2016.

The prosecution case as lodged by the police personnel is that on the basis of information, when he reached that alleged place, he saw that three people is making noise and started running after seeing the police and police able to caught two accused but one ran away. From the two caught persons

Patna High Court CR. MISC. No.32426 of 2019(3) dt.28-08-2019 2/3 there was smell of wine and they told there name as Ranjeet Kumar and Amit Kumar (petitioner). After sending them to police sadar hospital and checking the drunk level with breath analyzer there was 0.163% and 0.128% level of drunk wine by Ranjeet Kumar and Amit Kumar respectively. Police recovered a T.V.S. motorcycle of them. After enquiry police able to know that the person who ran away was Neeraj Kumar. They also told that the bike is stolen and also told that they came here for moto for stole motorcycle. They told that their friend has done many stolen of motorbike in Lakhisharai. The recovered motorcycle was seized.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in the present case. He submits that the charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. He further submits that the petitioner is the student and he is languishing in judicial custody since 20.02.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd

Patna High Court CR. MISC. No.32426 of 2019(3) dt.28-08-2019 3/3 Additional Sessions Judge-cum-Special Judge, Excise, Lakhisharai in connection with Lakhisharai (Kawaia) Police Station Case No. 153 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T