Manoj Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71265 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- THAKRAHA District- West Champaran ====================================================== Manoj Mishra, Son of Late Risheshwar Mishra, Resident of VillageKoerpatti, Police Station- Thakraha, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lalan Kumar Verma For the Opposite Party/s :

Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-12-2018 Heard the parties.

Petitioner seeks bail in Thakraha P.S.Case No.130 of 2018 registered under Sections 341, 323, 504 of I.P.C. and Section 37(A) (B) (C) of the Bihar Prohibition and Excise Act. Accusation is that on 20.09.2018 at 9 P.M. the petitioner in drunken state came to the house of the informant and started abusing the mother and the wife of the informant and when the informant made protest the petitioner put his mother down to the earth who is 70 years old and on alarm raised by his mother when the informant came there and tried to pacify the matter the petitioner abused the informant and assaulted him also.

Submission made on behalf of the learned counsel for

Patna High Court Cr.Misc. No.71265 of 2018(2) dt.03-12-2018 2/2 the petitioner is that the petitioner is the full brother of the informant and due to family fued the informant has falsely implicated him in this case with false allegation. He is in jail custody since 21.09.2018 having no criminal antecedent. Learned A.P.P. opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Special Judge Excise, Bettia, West Champaran, in Thakraha P.S. Case No.130/18 subject to the condition that one of the bailors must be relative of the petitioner who shall file affidavit to the effect that the petitioner shall not involve in such type of case in future. (Rajendra Kumar Mishra, J) aks/- U