Miththu Bhagat@Mithun Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70791 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- PIPRIYA District- Lakhisarai ====================================================== Miththu Bhagat@Mithun Bhagat Son Of Poshan Bhagat Resident Of Village - Karari Pipariya, Ps- Pipariya, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 452 and 354(B) of the Indian Penal Code and Section 37(i) of the Bihar Prohibition and Excise Act.

3. As per allegation in the F.I.R. on 01.08.2023 the petitioner entered into the house of the informant in intoxicated stage and misbehaved with his wife. On which his wife raised alarm, then he escaped and entered into the house of Vinod Bhagat and misbehaved with his wife and daughter.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.70791 of 2023(2) dt.28-11-2023 2/2 case due to previous land dispute. The petitioner and informant are neighbours and there is dispute between them for opening the door. The statements of victims have been recorded u/s 161 of Cr.P.C. in which they have not made any allegation of misbehave against the petitioner. Petitioner is languishing in judicial custody since 02.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V-cumExclusive Special Court-2, Excise Act, Lakhisarai in connection with Pipariya P.S. Case No. 95 of 2023.

(Sunil Kumar Panwar, J) lata/- U T