Patna High CourtCR. MISC./19360/2018bail granted

Gauri Musahar @ Gauri Shankar Ram v. The State Of Bihar

2018-06-18Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19360 of 2018 Arising Out of PS.Case No. -177 Year- 2017 Thana -CHARPOKHARI District- BHOJPUR ======================================================

1. Gauri Musahar @ Gauri Shankar Ram S/o late Raj Raushan Musahar Resident of Village- Chandi, P.S.- Charpokhari, District- Bhojpur, Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr. Dr. Mritunjaya Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 325, 324, 326, 353, 333, 337 & 338 of the Indian Penal Code and Section 45 of the Bihar Prohibition and Excise Act, 2016. About 40 miscreants including the petitioner are said to have assaulted on the head of the informant by means of farsa inflicting head injury to him and also breaking his hand by means of lathi on his visit at Chandi Musahar Toli on the tip of of brewing the liquor by the miscreants there.

It is submitted by learned counsel for the petitioner that the allegation levelled against the petitioner is not specific

Patna High Court Cr.Misc. No.19360 of 2018 (05) dt.18-06-2018 - 2 - rather general and omnibus in nature. There are only two injuries on the person of the victim one on the head and other on the hand, hence the assailant of the said injury is not ascertained. He has been falsely implicated in the case at the instance of his enemy. He has no concern with the activity of brewing liquor. He has no criminal antecedent. He has been languishing in custody since 04.01.2018.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned 4thAdditional Sessions Judge, Bhojpur at Ara in connection with Charpokhari P.S. Case No.177 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T