Patna High CourtCR. MISC./34433/2017bail granted

Anand Kumar v. State Of Bihar And ANR

2017-08-04Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34433 of 2017 Arising Out of PS.Case No. -169 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anand Kumar, Son of Manohar Ram, resident of village- Barwa Khurd, P.S.- Kundwachainpur, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Union of India through Inspector General, S.S.B. Frontier Head Quarter, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP For the Union of India : Mrs. Shail Kumari, CGC ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Ghorasahan P.S. Case No. 169 of 2017 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the S.S.B. Assistant Commandant, is that during course of patrolling, petitioner was apprehended with 18 litres of Nepali Saufi wine kept on his bicycle.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.34433 of 2017 (2) dt.04-08-2017 2/2 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case by the police officials. He submits that nothing incriminating has been recovered from his conscious possession and that he is languishing in judicial custody since 17.04.2017.

However, learned A.P.P. for the State and the learned counsel for the Union of India oppose the prayer for bail. Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 169 of 2017.

(Nilu Agrawal, J.) Arjun/- U T