Ram Narain Singh @ Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47023 of 2017 Arising Out of PS. Case No.-71 Year-2017 Thana- KOCHAS District- Rohtas ====================================================== Ram Narain Singh @ Sinha , Son of Late Ram Jagi Singh, Resident of Village- Lakari, P.S. Kochas, District Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-11-2017 Heard Sri Satyapal Singh, learned counsel for the petitioner . None appeared on behalf of the State. The sole petitioner , apprehending his arrest in Kochas P.S. Case No. 71 of 2017, registered for the offence under section 341/323/504/34 of the Indian Penal Code , 1860 ( hereinafter referred to as "I.P.C.") and Section 37(b)/37(c) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that accusation was made that petitioner along with one another accused namely, Upendra Chauhan in drunken stage had assaulted the informant's son. He submits that of -course in the F.I.R. penal provisions of I.P.C. has been mentioned but all those provisions are in relation to bailable offences. Only

Patna High Court Cr.Misc. No.47023 of 2017(3) dt.09-11-2017 2/2 allegation was made as if petitioner was also in a drunken stage, whereas , one of the co- accused Upendra Chauhan was in drunken stage. It has been argued that petitioner has falsely been implicated nor petitioner had consumed any wine. In view of the facts and circumstances, the court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner Ram Narain Singh @ Sinha be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - II - cum - Special Court, Excise, Rohtas at Sasaram / concerned court in connection with Kochas P.S. Case No. 71 of 2017 subject to the conditions as contemplated under section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T