Gore Rajbanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52417 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- AKBARPUR District- Nawada ====================================================== GORE RAJBANSHI S/O NIRO RAJBANSHI R/O VILLAGE- PATRANG NALA, P.S. AKBARPUR, DISTRICT- NAWADA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 504, 325, 354/34 of the Indian Penal Code and Section 37 of Bihar Prohibition and Excise Act.
3. As per the prosecution case, this petitioner and coaccused Subodh Rajbanshi are alleged to have abused and assaulted the informant. They are also alleged to have misbehaved with informant and as such, on the complaint lodged by informant in the police station, co-accused Subodh Rajbanshi was arrested in drunken condition, whereas this petitioner managed to flee away.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.52417 of 2024(2) dt.21-08-2024 2/2 petitioner is innocent and has committed no offence. There is land dispute between the parties and due to this reason, this false and concocted case has been lodged. Petitioner was not found in drunken condition and as such, no case under the Excise Act is made out against him. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the nature of accusation and clean antecedent, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. - 01, Nawada in connection with Akbarpur P.S. Case No. 133 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T