Shambu Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73816 of 2025 Arising Out of PS. Case No.-275 Year-2025 Thana- MADANPUR District- Aurangabad ====================================================== Shambu Bhuiyan S/o Badho Bhuinya R/o Village- Dhbi @ Dhabi, PS- Deo, District- Aurangabad Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rupa Kumari For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109(1), 303(2), 352 and 3(5) of BNS and Section 37 of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. It is next submitted that it absolutely does not stand to reason that on what basis the case has been instituted under the Excise Act, when there was no recovery of any liquor, spirit or jawa mahua rather the informant alleges that on 29-6-2025 at around 10 PM, the informant and others were grazing animals, when petitioner along with co-accused Nagendra in an intoxicated condition

Patna High Court CR. MISC. No.73816 of 2025(2) dt.03-11-2025 2/2 came, when an argument ensued, when the accused persons assaulted him along with others by stick and iron rod and also snatched gold chain from his neck, further the injured persons were admitted at Madanpur government hospital for treatment. 4.

Learned counsel for the petitioner submits that the injury suffered by the injured has been opined to be simple in nature and the allegation of assault is also not specific. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Madanpur P.S. Case No. 275 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T