Nanhaka Singh @ Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74281 of 2019 Arising Out of PS. Case No.-228 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== NANHAKA SINGH @ OM PRAKASH Son of Late Lalan Singh Resident of Village - Patel Tola, P.S.- Baigania, Distt - Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 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, 279, 337, 504, 506 of the Indian Penal Code.

Allegation is that while the informant was performing duty as a Magistrate on the eve of Dusahara, one Pappu Kumar came in drunken state and misbehaved with the informant and the Police Officer, in the meantime the petitioner came and both of them scuffled with the police personnel and they have taken away the vehicle also.

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

Patna High Court CR. MISC. No.74281 of 2019(2) dt.27-11-2019 2/2 petitioner. Though there is allegation that the petitioner is said to have misbehaved with the informant in drunken state, but the case has not been instituted for any offence under the Excise Act. The petitioner has falsely been implicated in the present case. The allegations made in the F.I.R. is denied by the petitioner.

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 Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S. case No.228 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T