Patna High CourtCR. MISC./87500/2019bail granted

Pradeep Prasad v. The State Of Bihar

2020-01-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 87500 of 2019 Arising Out of PS. Case No.-102 Year-2019 Thana- DANAPUR District- Patna ====================================================== PRADEEP PRASAD S/o Late Hari Narayan R/o- Dom Toli, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Danapur PS case no. 102 of 2019 instituted for the offence punishable under Sections 498A, 341, 323, 509, 406/34 of Indian Penal Code and Section 37(C) of Bihar Prohibition and Excise Act.

The allegation is regarding the petitioner having become intoxicated, whereafter he is stated to have assaulted his wife.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 08.02.2019. It is further submitted

Patna High Court CR. MISC. No. 87500 of 2019(3) dt.17-01-2020 2/2 that the fact is that the wife of the petitioner i.e. the informant is having illicit relationship with some other person and is also not living with the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that the petitioner is languishing in custody since about 11 months, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Danapur PS case no. 102 of 2019.

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