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Patna High CourtCR. MISC./64725/2019bail granted

Kunj Raman Jha v. The State Of Bihar

2019-10-17Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64725 of 2019 Arising Out of PS. Case No.-222 Year-2019 Thana- BAUNSI District- Banka ====================================================== KUNJ RAMAN JHA, Male, aged about 46 years, Son of Raj Kumar Jha, Resident of Village-Lohiya Nagar, Godda, P.S. and District-Godda (Jharkhand).

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar Jha, Advocate.

For the Opposite Party :

Mr.Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 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(b) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that on 31.08.2019 at about 7.00 P.M., the petitioner who is the son-in-law of elder brother of the informant came at the house of his elder brother after consuming liquor and started to abuse the niece and elder brother of the informant and when the informant came there then the petitioner assaulted him near his left eye with fists. It is also stated that niece of the informant was married with this

Patna High Court CR. MISC. No.64725 of 2019(2) dt.17-10-2019 2/3 petitioner about 18 to 19 years ago but due to torture inflicted upon the niece of the informant she is living in her Naihar from about 16 to 17 years and this petitioner frequently comes to the house of the informant and assaults his niece and demands money.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 31.08.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that the petitioner, who is the son-inlaw of elder brother of the informant, in drunken state, misbehaved with his wife and the elder brother of the informant. He also assaulted with fists upon the informant's left eye. There is no recovery of liquor 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 Additional Sessions Judge-II, Banka, in connection with Bounsi

Patna High Court CR. MISC. No.64725 of 2019(2) dt.17-10-2019 3/3 P.S. Case No. 222 of 2019.

(Sudhir Singh, J) U.K./- U T