Bindu Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84424 of 2019 Arising Out of PS. Case No.-59 Year-2019 Thana- SAHJAHANPUR District- Patna ====================================================== Bindu Gope Son of Late Prabhu Gope @ Prabhu Yadav, Resident of Village and P.S.- Sahjahanpur, District- Patna.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Special Case No. 6904 of 2019 arising out of Sahjahanpur P.S. Case No. 59 of 2019 registered for the offences punishable under Sections 341, 323, 307, 385, 504, 506, 34 of the Indian Penal Code and Sections 37(b)(c) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that no incriminating article has been recovered from the place of occurrence and as per FIR informant did not get any injury and further that the petitioner was not arrested on spot under drunken position.

Patna High Court CR. MISC. No.84424 of 2019(2) dt.19-12-2019 2/2 Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein the allegation against the petitioner is that in drunken condition he had abused the informant, given him hands and fists blow and that he indulges in demanding Rangdari and he is threatening the informant to withdraw the case, in the nature of allegation this Court is not inclined to grant anticipatory bail to the petitioner.

In case, however, the petitioner surrenders and prays for regular bail in the court below, his prayer for regular bail shall be considered keeping in view the submission of learned counsel for the petitioner that no injury has been caused to the informant.

The application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) vats/ved U T