Patna High CourtCR. MISC./58135/2017bail granted

Vinay Kumar @ Vijay Kumar And ANR v. The State Of Bihar

2017-12-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58135 of 2017 Arising Out of PS. Case No.-815 Year-2017 Thana- SITAMARHI District- Sitamarhi ======================================================

1. Vinay Kumar @ Vijay Kumar son of Satahu Rai,

2. Ashik Kumar, son of Vijay Mahto, Both resident of VillageKharka, P.S. Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. BHARAT LAL ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 436/34 of the I.P.C. and Section 30(b) of the Bihar Prohibition and Excise Act, 2016.

Allegation is that the accused persons including the petitioners being in drunken state sprinkled kerosene oil on the hut of the informant and set the same on fire. It has been submitted on behalf of the petitioners that the petitioners are in custody since 09.10.2017 and have no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The alleged incident had taken place due to property dispute between the parties. In course of

Patna High Court Cr.Misc. No.58135 of 2017(2) dt.19-12-2017 2/2 occurrence the petitioners are said to be in drunken state. There is no substantive evidence to suggest that the petitioners were in drunken state.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge II-cum-Special Judge, Sitamarhi in connection with Sitamarhi P.S. case No.815 of 2017.

(Sudhir Singh, J) Narendra/- U T