Dilip Kumar @ Dilip Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3212 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- AWTARNAGAR District- Saran ====================================================== 1.

Dilip Kumar @ Dilip Rai, S/O Late Wakil Rai R/O Village- Bhagwanpur, P.S- Awtar Nagar, Distt.- Saran.

2.

Santosh Kumar @ Santosh Rai, S/O Sri Hari Dayal Rai R/O VillageBhagwanpur, P.S- Awtar Nagar, Distt.- Saran. 3.

Sanoj Kumar, S/O Nanhak Rai R/O Village- Bhagwanpur, P.S- Awtar Nagar, Distt.- Saran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Avnish Kumar Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 342, 323, 354(B), 504 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that she works in a C.S.P. Centre at Sarari Bazar and on 12.08.2023 at about 7.00 P.M. while

Patna High Court CR. MISC. No.3212 of 2024(2) dt.12-02-2024 2/3 she was on her way home, when near water tank, she was intercepted by the petitioners in a drunken condition, who thrashed her and pushed her on the ground, but when the informant raised alarm, the accused persons fled away.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is also submitted that on account of dispute relating to Election of Mukhiya, the present false case has been instituted at the instance of the local Mukhiya. It is also submitted that allegations are general and omnibus in nature and does not inspire confidence as it does not appear probable at 7.00 P.M. in the evening, the petitioners in a drunken condition would have misbehaved in such a manner when liquor is prohibited in the State of Bihar and the case also has not been instituted under the Excise Act.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are

Patna High Court CR. MISC. No.3212 of 2024(2) dt.12-02-2024 3/3 directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Badal Kumar Gupta, the learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Awtar Nagar P. S. Case No.229 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T