Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43217 of 2022 Arising Out of PS. Case No.-197 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== NIRANJAN KUMAR S/O UPENDRA MAHTO Resident of villageBahuara, P.S.- Bakhri (Parihara O.P), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bakhri P.S. Case No. 197 of 2022 registered for the offence under Sections 341, 323, 324, 308, 379, 385, 504 and 34 of the Indian Penal Code and Section 37(c) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 19.06.2022.

Patna High Court CR. MISC. No.43217 of 2022(2) dt.27-08-2022 2/3 The allegation against the petitioner is to be found in drunken condition.

Learned counsel appearing on behalf of the petitioner submitted that allegation is limited to found in drunken condition, admittedly, it is not a case of recovery of illicit liquor. It is submitted that allegation as regard to demand of ransom money is specific against the co-accused, namely, Upendra Mahto. It is further submitted that allegation as regard to assault is very much general and omnibus against this petitioner. It is also submitted that petitioner has been falsely implicated in this case due to neighbourhood dispute, where petitioner is a man of clean antecedent.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation is limited to consume the liquor, which is prohibited in State, having no allegation to demand ransom money, against petitioner, who is a man of clean antecedent, let the petitioner, above named, is directed to be released on bail in connection with Bakhri P.S. Case No. 197 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court-02, Begusarai/concerned court,

Patna High Court CR. MISC. No.43217 of 2022(2) dt.27-08-2022 3/3 subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T