Ravi Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87656 of 2024 Arising Out of PS. Case No.-459 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

Ravi Bhushan Kumar Son of Arun Singh @ Arun Kumar Singh Resident of Bhartauli, P.S. - Muffasil, District - Aurangabad 2.

Ratnesh Kumar @ Ratnesh Kumar Singh Son of Late Dhananjay Singh Resident of Bhartauli, P.S. - Muffasil, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Muffasil PS Case No. 459 of 2024 instituted for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 121(1), 121(2), 125, 109(1), 132 & 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 37(c) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that informant on information with regard to altercation took place between two groups, who had contested the PACS election, reached at the place of occurrence. On seeing the police party, the persons who were in an inebriated condition abused the police and also pelted

Patna High Court CR. MISC. No.87656 of 2024(2) dt.20-12-2024 2/3 stones upon them due to which some police personnel sustained injury.

4.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. It is submitted that so far as injury of the police personnel is concerned, the same is found to be simple in nature. There is general and omnibus allegation levelled against the petitioners. Petitioners were not found in an intoxicated condition, hence no case is made out against the petitioners under the provisions of Excise Act. The petitioners are in custody since 30-11-2024 and have got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties

Patna High Court CR. MISC. No.87656 of 2024(2) dt.20-12-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil PS Case No. 459 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T