Oral order granting bail to Vikas Kumar, accused of IPC offences and Bihar Prohibition and Excise Act violation. Court ordered a bail bond of Rs. 10,000 with two sureties.
Petitioner released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of Special Judge, Excise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14426 of 2019
Arising Out of PS. Case No.-1382 Year-2018 Thana- BIHTA District- Patna
======================================================
Vikas Kumar, male aged about 20 years, Son of Shailesh Mahra Resident of Village- Mushepur, P.S.- Bihta, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Angad Singh For the Opposite Party/s : Mr.Nawal Kishore Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
4 08-05-2019 Supplementary affidavit is filed on behalf of the petitioner. Let the same be kept on record.
In the light of statement made in supplementary affidavit, counsel for the petitioner is permitted to make necessary correction in paragraphs-1 & 3 of the main application in course of the day.
Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 341, 323, 354(B) of the Indian Penal Code and Section-37© of the Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioner is of misbehaving and attempting to commit rape upon the informant.
Patna High Court CR. MISC. No.14426 of 2019(4) dt.08-05-2019 2/2
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 13-12-2018. Charge sheet has already been submitted. Due to previous enmity, the petitioner has been made accused in this case. The petitioner is alleged to have misbehaved with the informant in drunken state. He has remained in custody for more than four months.
On behalf of the State and O.P. No. 2 , it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No. 11753 of 2018 arising out of Bihta P.S. Case No. 1382 of 2018.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether sections 341, 323, 354(B) IPC and Section-37© of Bihar Prohibition and Excise Act, 2016 grant bail rights.
2 provisions across 2 enactments
Vikas Kumar
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
