Niraj Thakur @ Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68202 of 2018 Arising Out of PS. Case No.-476 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Niraj Thakur @ Aman Kumar Son of Radha Mohan Thakur@ Mukul Thakur R/o Village- Patahi Roop, Police Station- Muzaffarpur Sadar, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 452, 341, 323, 307/34 of the Indian Penal Code, 27 of the Arms Act and 37(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that the accused persons variously armed in drunken state entered into the house of the informant and slapped him.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.68202 of 2018(2) dt.19-11-2018 2/2 present case due to political enmity. The informant in this case is private party. It is alleged that the petitioners were in drunken state and misbehaved with the informant. There is no recovery of liquor in the present case. The petitioner had no knowledge regarding the alleged incident. The allegation made in the F.I.R. is denied by 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, 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) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -cum- Special Judge, Excise Act, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 476 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U