Nirbhay Kumar Srivastawa @ Nirbhay Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61202 of 2017 Arising Out of PS. Case No.-165 Year-2017 Thana- SHEOHAR District- Sheohar ======================================================

1. Nirbhay Kumar Srivastawa @ Nirbhay Kumar S/o Surj Narayan Lal Srivastava

2. Satyendra Kumar S/o Yugal Rai

3. Sumit Kumar S/o Bimal Prasad, all are presently posted at Jawahar Navoday Vidyalaya Sheohar, P.S. and Dist. Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. BRAJ KISHORE PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 342, 323, 325, 352, 427, 308, 506/34 of the I.P.C. and Section 37(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that the petitioners were seen in drunken position in the campus of the School. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are teachers of Navodaya Vidyalaya,

Patna High Court Cr.Misc. No.61202 of 2017(2) dt.15-12-2017 2/2 Sheohar. Due to village politics, the petitioners have been falsely implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. The other petitioner has been granted anticipatory bail vide Cr.Misc.No.59975 of 2017.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. I-cum-Special Judge, Sheohar in connection with Sheohar P.S. case No.165 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T