Kishor Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6644 of 2018 Arising Out of PS. Case No.-383 Year-2017 Thana- TEKARI District- Gaya ====================================================== Kishor Kumar Son of Satyendra Sharma, Resident of Village-Bhori, Police Station-Tekari and District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. BRAJ KISHORE PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 452 and 354(A) of the Indian Penal Code and Section 37(a) (b) and 48 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that the petitioner in a drunken state was misbehaving with the wife of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.10.2017. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that the petitioner in a drunken state had tried to misbehave with the wife of the informant. The petitioner

Patna High Court Cr.Misc. No.6644 of 2018(2) dt.17-02-2018 2/2 has been falsely implicated in the present case due to local politics. There is no substantive evidence to make out an offence under the Bihar Prohibition and Excise Act. There is a case and counter case between the parties.

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 Special Judge, Excise, Gaya in connection with Tekari P.S. Case No. 383 of 2017.

(Sudhir Singh, J) Pankaj/- U T