Banti Kumar Sharma @ Banti Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61327 of 2019 Arising Out of PS. Case No.-361 Year-2019 Thana- RUPASPUR District- Patna ====================================================== BANTI KUMAR SHARMA @ BANTI SHARMA, aged about 25 years (Male), Son of Late Bhola Mistri, Resident of Mohalla-Naharpar, Teshlal Verma Nagar, P.S.-Rupaspur, District-Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anil Kumar Singh, Advocate.

For the Opposite Party :

Mr.Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 37(i) and (ii) 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that the petitioner assaulted the informant in drunken state who is his wife due to which, the informant and the parents of the petitioner handed over the petitioner to the police.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 09.08.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There

Patna High Court CR. MISC. No.61327 of 2019(2) dt.26-09-2019 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that the petitioner in drunken state assaulted the informant who is his wife. There is no recovery of any incriminating article from possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna, in connection with Rupaspur P.S. Case No. 361 of 2019, Special Case No. 7090 of 2019. (Sudhir Singh, J) U.K./- U T