Patna High CourtCR. MISC./51171/2019bail granted

Amit Kumar v. The State Of Bihar

2019-09-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51171 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== AMIT KUMAR, S/o Suresh Thakur, aged about 33 years, Male, R/o villageRamnathpur, P.S.- Samastipur Muffasil, District- Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Abhay Shankar Singh, Advocate.

For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 19.03.2019 in a case for the offence registered under Sections 323, 341, 504 of the IPC and 37(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that on 18.03.2019 the uncle of the informant died for which Sharadh ceremony was gong on at the door of the informant. In the meantime, Amit Kumar (petitioner) came in drunken condition and started abusing. He also pelted stones from the roof, as a result of which, Pushpam Kumar and Ramkumar Thakur sustained injuries.

Patna High Court CR. MISC. No.51171 of 2019(3) dt.09-09-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that the petitioner in drunken state abused and pelted stones, as a result of which, Pushpam Kumar and Ramkumar Thakur sustained injuries. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let 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 the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Samastipur, in connection with Samastipur Muffasil P.S. Case No. 134 of 2019.

(Sudhir Singh, J) U.K./- U T