Patna High CourtCR. MISC./48494/2022bail granted

Rajiv Kumar @ Lutan v. The State Of Bihar

2022-11-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48494 of 2022 Arising Out of PS. Case No.-349 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== Rajiv Kumar @ Lutan Son of Tulsi Paswan Resident of village - Lala Amauna, P.S.- Daudnagar, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Dubey For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 379, 323 and other allied sections of Indian Penal Code and section 37(b) (c) of the Bihar Prohibition and Excise Act, 2018. As per the prosecution case, six accused persons including petitioner in drunken condition abused and assaulted the informant and his wife and also snatched gold chain from their possession.

It is submitted that petitioner has been made accused in this case only because motorcycle of the petitioner was found parked near the place of occurrence. No incriminating has been recovered from conscious possession of this petitioner.

Patna High Court CR. MISC. No.48494 of 2022(2) dt.04-11-2022 2/2 Petitioner claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Additional Sessions Judge Ist-cum-Special Judge (Excise) 2nd, Aurangabad in connection with Daudnagar P.S. Case No. 349 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T