Ashish Rai @ Ashish Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67405 of 2019 Arising Out of PS. Case No.-679 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== ASHISH RAI @ ASHISH ROY Son of Late Jitendra Kumar Roy Resident of Dumrao, P.S.- Dumrao, Distt - Buxar at present residing 705 (B), Gagan Apartment, Exhibition Road, P.S.- Gandhi Maidan, Town, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Nagadeo Choubey, Advocate For the State :

Mr.Surendra Kumar, APP For the informant :

Mr.Pankaj Maijorwar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 393 of I.P.C. and Section 37(c) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that the accused persons including the petitioner in drunken state looted money and jewellary of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.07.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is no recovery of liquor. The petitioner is said to misbehave with the informant in

Patna High Court CR. MISC. No.67405 of 2019(2) dt.22-10-2019 2/2 drunken state. So far offence under Section 393 of I.P.C. is concerned, an affiadavit has been filed on behalf of the informant in the court below stating that no offence under Section 393 of I.P.C. was committed by the petitioner. Counsel for the informant is present in the court. The aforesaid fact is not controverted by the counsel for the informant. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that 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 learned Special Judge, Excise, Patna in connection with Special case No.6641 of 2019 arising out of Agam Kuan P.S. case No.679 of 2019.

(Sudhir Singh, J) Narendra/- U T