Uddesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50017 of 2017 Arising Out of PS. Case No.-142 Year-2017 Thana- Gopalpur District- Patna ====================================================== Uddesh Paswan S/o Late Awadhesh Paswan, resident of Village-Tola _Sona Gopalpur, P.S. Gopalpur, District-Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ Manu, Adv.

For the Opposite Party/s :

Mr. None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-11-2017 Heard Sri Sanjay Kumar @ Mannu, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, apprehending his arrest in Gopalpur P.S. Case no.142 of 2017 registered for the offence under Sections 341, 323, 504, 506, 354(B)/34 of the Indian Penal Code and Section 37(c) of the Bihar Excise Act,2016, has prayed for grant of bail, in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that of course in the F.I.R., all offences of the Indian Penal Code, save and except Section 354(B) of the Indian Penal Code, are bailable. So far as Section 354(B) of the Indian Penal Code is concerned, by way of referring to the F.I.R., he submits that no such offence is made out. However, it was alleged that one of the co-accused was handed over by the informant side to the police and he was in drunken condition. He submits that there is

Patna High Court Cr.Misc. No.50017 of 2017(3) dt.10-11-2017 2/2 no material against the petitioner as to whether he had consumed wine or not and, as such, offence under the provisions of Bihar Prohibition and Excise Act, 2016 is not applicable. By way of referring to the statement made in paragraph-3 of the petition, it has been argued that the petitioner is having clean antecedent.

I have perused the material available on record as well as the F.I.R. On perusal of the F.I.R, it is evident that the petitioner was not apprehended in drunken condition and only he has been made accused as one of the participant.

Considering the nature of accusation as well as clean antecedent, let the petitioner, namely, Uddesh Paswan, in the event of his arrest or surrender within a period of six weeks from today, be released 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 Special Judge, Excise, Patna in connection with Gopalpur P.S. Case No.142 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T