Karan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1959 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- SOHSARAI District- Nalanda ====================================================== Karan Kumar S/O Putul Paswan Village- Lohgani, Ps. Sohsarai, Dist. Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sohsarai P.S. Case No. 291/2023 lodged on 10.10.2023 under Sections 147, 148, 149, 341, 323, 324, 307, 353, 332, 333, 504, 506 of the Indian Penal Code and Section 45 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the FIR has been lodged against 14 named accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 30.10.2023 having no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by
Patna High Court CR. MISC. No.1959 of 2024(2) dt.24-01-2024 2/2 different co-ordinate Benches of this Court vide orders dated 12.01.2024 and 23.01.2024 passed in Criminal Miscellaneous No.83457/2023 and Criminal Miscellaneous No. 269 of 2024 respectively.
5. Learned counsel for the State opposes the prayer for bail and submits that it is not a simple case of creating nuisance after consuming wine rather it is a case where all the accused persons after consuming wine have attacked on the police party.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, but only after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special Excise Judge-2, Nalanda at Biharsharif, in connection with Sohsarai P.S. Case No. 291/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T