Ramsewak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83964 of 2019 Arising Out of PS. Case No.-301 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

RAMSEWAK KUMAR Son of Late Kuldeep Mahto Resident of Village - Kamalpura, P.S.- Nawada, District - Nawada.

2.

Nandu Kumar Son of Rajendra Prasad Resident of Village - Kamalpura, P.S.- Nawada, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Muffasil Nawada PS case no. 301 of 2019 instituted for the offence punishable under Sections 457, 380 of Indian Penal Code and Section 37(C) of Bihar Prohibition and Excise Act. The allegation is regarding the petitioners being in an intoxicated condition whereupon they had created nuisance and then they were caught and handed over to the police.

The learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in the present case. It is further submitted that as far

Patna High Court CR. MISC. No.83964 of 2019(3) dt.14-01-2020 2/2 as the petitioner no. 1 is concerned, he is an accused in one other case but he is on bail in the said case, however, the petitioner no. 2 is having a clean antecedent. Lastly, it is submitted that no illicit liquor has been recovered from the possession of the petitioners and they are languishing in custody since 07.10.2019.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners, I deem it fit and appropriate to release the abovenamed petitioners on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-II, Nawada in connection with Muffasil Nawada PS case no. 301 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T