Patna High CourtCR. MISC./35574/2019bail granted

Hemant Kumar @ Chhotu v. The State Of Bihar

2019-06-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35574 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Hemant Kumar @ Chhotu S/o Vakil Mandal R/o Village- Babupur, P.S.- Sabour, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 414 of I.P.C. and Section 37(c) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that the accused persons after taking wine were fighting each other.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.03.2019 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 motorcycle in question is not stolen property. Same belongs to the petitioner. The petitioner is said to have been found in drunken state.

Patna High Court CR. MISC. No.35574 of 2019(3) dt.18-06-2019 2/2 Except for this, there is no other substantive evidence to suggest the implication of the petitioner 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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Bhagalpur in connection with Industrial Area P.S. case No.38 of 2019.

(Sudhir Singh, J) Narendra/- U T