Arjun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69832 of 2021 Arising Out of PS. Case No.-133 Year-2021 Thana- BUNIYAD GANJ District- Gaya ====================================================== ARJUN PRASAD, Son of Late Ganesh Mahto Resident of Village - Khanjahanpur, P.S. - Buniyadganj, Dist. - Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Kanhaiya Kishore (App. 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-02-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Buniyadganj P.S. Case No. 133 of 2021, for the offence punishable under Sections 504, 506 and 447 of the Indian Penal Code and Section 37(2) of Bihar Prohibition of Excise Act, 2016.

The prosecution case, in brief, is that on 21.07.2021, accused persons named in the F.I.R., including the petitioner, came at the house of informant in drunken state and threatened to withdraw the earlier case lodged by informant's mother against the petitioner. The further case of the informant is that the accused abused the informant and had threatened to kill

Patna High Court CR. MISC. No.69832 of 2021(2) dt.23-02-2022 2/3 him.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case mere on suspicion. He further submits that no offence has been committed by the petitioner nor the seizure-list was handed over to him. The petitioner is in custody since 22.07.2021, considering the nature of allegation, the petitioner be released on bail.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge (Excise Act), Gaya in connection with Buniyadganj P.S. Case No. 133 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.69832 of 2021(2) dt.23-02-2022 3/3 properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T