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2025 DAILYLAW 45475 (PAT)

Ujjawal kumar singh v. The State of Bihar

CR. MISC./34430/2025 · 2025-06-03

Anshuman

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34430 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- SANGRAMPUR District- East Champaran ====================================================== Ujjawal kumar singh S/O Laxman Singh Resident of village- Jalha, PS- Sangrampur, district- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 03-06-2025 Heard learned Counsel for the petitioner and learned APP for the State. 2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for grant of regular bail to the petitioner who is in custody in connection with Sangrampur P.S. Case No. 80 of 2025, lodged on 04.03.2025, under Sections 126(2), 115(2), 303(2), 74, 352 of the B.N.S. and Section 37 of the Bihar Prohibition and Excise Act. 3. As per the prosecution, allegation against the petitioner is that he alongwith 20-25 unknown persons climbed on the stage, where marriage of the informant’s daughter was Patna High Court CR. MISC. No.34430 of 2025(2) dt.03-06-2025 2/3 going on, started nuisance and also assaulted the guests. Further allegation is of snatching the chain, ring and watch etc. Subsequently the petitioner was handed over to the SHO and rest accused persons were fled away. 4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that petitioner was arrested under a conspiracy. He submits that his antecedent is clean. There is no evidence or material on record of the petition to show that the petitioner was in drunken state so provision of Section 37 of the Bihar Prohibition and Excise Act is not applicable to the case of the petitioner and he is in custody since 05.03.2025. 5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is specific allegation against the petitioner. 6. In the present facts and circumstances of this case, let the petitioner, above named, be released on bail, after framing of charge, if not framed, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned Exclusive Special Excise Court No.1, Motihari, East Champaran, in connection with Sangrampur P.S. Case No. 80 of Patna High Court CR. MISC. No.34430 of 2025(2) dt.03-06-2025 3/3 2025, subject to the conditions as laid down U/s 480(3) of the BNSS, 2023. mdrashid/- (Dr. Anshuman, J) U T