Pappu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35688 of 2017 ====================================================== Pappu Jha Son of Late Parsuram Jha, R/o Village- Lalman Patti, Bhatnia, P.S.- Ratanpura, District- Supaul.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

10-08-2017 Heard Sri Arun, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Ratanpura P.S. Case No. 22 of 2017 registered for offence under Sections 341, 323, 354, 379, 504 of the Indian Penal Code and Section 37C of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail.

By way of referring to F.I.R., learned counsel for the petitioner submits that on perusal of entire F.I.R., save and except false accusation that the petitioner, in a drunken condition, had abused, no offence is made out. Moreover, he submits that even provision of Excise Act is not applicable, since no test was conducted regarding consumption of wine by the petitioner, only a vague allegation was made.

Patna High Court Cr.Misc. No.35688 of 2017 (2) dt.10-08-2017 2/2 Considering the nature of allegation, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Pappu Jha 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 Addl. Sessions Judge - II, Supaul in connection with Ratanpura P.S. Case No. 22 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) Anay U T