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Patna High CourtCR. MISC./68680/2022allowed

Gulshan Kumar v. The State Of Bihar

2023-04-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68680 of 2022 Arising Out of PS. Case No.-399 Year-2022 Thana- BARBIGHA District- Sheikhpura ====================================================== Gulshan Kumar Son Of Ranjit Kumar Singh R/O Village- Sherpar, P.S.- Barbigha, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Ajay Kumar Jha CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner, learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 448, 376, 511, 506 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise Act, 2018.

The prosecution case as per F.I.R. is that the petitioner entered into the house of the informant in drunken condition and made an attempt to ravish the

Patna High Court CR. MISC. No.68680 of 2022(3) dt.05-04-2023 2/3 daughter of the informant. On alarm raised by the daughter of the informant, the informant came and apprehended the petitioner who was thereafter handed over to the police.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case because there was a previous enmity between the families of informant and petitioner for drainage and passage of dirty water. The petitioner is languishing in custody since 14.09.2022. A statement has been made in para 3 of the petitioner that petitioner has no criminal antecedent.

Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.68680 of 2022(3) dt.05-04-2023 3/3 each to the satisfaction of learned Exclusive Special Excise Judge, Sheikhpura in connection with Barbigha P.S. Case No. 399 of 2022.

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