Dhiraj Shrivastav @ Rajiv Ranjan Kumar Shrivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13202 of 2018 Arising Out of PS. Case No.-230 Year-2017 Thana- DURAULI District- Siwan ====================================================== Dhiraj Shrivastav @ Rajiv Ranjan Kumar Shrivastava S/o Vipin Shrivastav, R/o Rampur, P.S- Darauli, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhuri Lata For the Opposite Party/s :

MD. ANZARUL HAQUE SAHARA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 353, 379, 504, 506 of the Indian Penal Code and Section 37 (C) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that petitioner in drunken state abused and assaulted the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to village politics. There is no substantive evidence to suggest that the petitioner, at the time of alleged

Patna High Court Cr.Misc. No.13202 of 2018(2) dt.13-03-2018 2/2 occurrence, was in drunken state. The petitioner used to object to the illegal acts being committed by the informant. Hence the present prosecution has been lodged against the petitioner by the informant. As far as offence under Sections 379 IPC is concerned, the same is superficial.

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

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II, Siwan in connection with Drauli P.S. Case No. 230 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T