Sunil Kumar @ Gular v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74560 of 2019 Arising Out of PS. Case No.-895 Year-2019 Thana- BIHTA District- Patna ====================================================== SUNIL KUMAR @ GULAR Son of Late Sudarshan Sah Resident of VillageAmhara, P.S.- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Sharma For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-01-2020 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Special (Excise) Case No.8004 of 2019 arising out of Bihta P.S. Case No.895 of 2019 registered for the offence punishable under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that actually the entire allegation is false and frivolous and is the sequal to the case lodged by the brother of the petitioner namely Pramod Kumar against the informant wherein Bihta P.S. Case No.770 of 2019 under Sections 147, 148, 341, 323, 379, 504, 506, 427 of the Indian Penal Code read with Section 27 of

Patna High Court CR. MISC. No.74560 of 2019(2) dt.24-01-2020 2/2 the Arms Act. Learned counsel for the petitioner submits that in retaliation to Bihta P.S. Case No.770 of 2019 , the present case has been lodged making all the family members of the petitioner as accused persons. It is submitted that the alleged recovery of liquor has been saddled on the shoulder of the petitioner by the brother of the informant. The petitioner is having no criminal antecedent.

Considering the aforementioned facts and circumstances and that the petitioner is having no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond 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 (Excise) Case No.8004 of 2019 arising out of Bihta P.S. Case No.895 of 2019.

(Anjana Mishra, J.) amit/- U T