Patna High CourtCR. MISC./62273/2017bail granted

Shivam Kumar v. The State Of Bihar

2018-01-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62273 of 2017 Arising Out of PS.Case No. -176 Year- 2017 Thana -KAHAIYA District- MUZAFFARPUR ======================================================

1. Shivam Kumar S/o Pramod Rai, R/o Village- Harpur, P.S.- Kathaiya , District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 379, 323, 354, 341, 447, 504 of Indian Penal Code and Section 37(C) of Bihar Prohibition and Excise (Amendment) Act, 2016.

The prosecution case, in brief, is that petitioner abused the informant and his wife in a drunken state. The petitioner is in custody since 04.11.2017. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that petitioner abused the informant and his wife in a drunken state.

Patna High Court Cr.Misc. No.62273 of 2017 (2) dt.11-01-2018 2/2 There is no medical report to support the allegations made in the F.I.R. The petitioner has falsely been implicated in the present case. There is no compliance of Section 100 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned Special Judge, Excise, Muzaffarpur, in connection with Kathaiya P.S. Case No.176/2017.

(Sudhir Singh, J) Amit/- U T