Patna High CourtCR. MISC./4326/2017bail granted

Rahul Kumar v. The State Of Bihar

2017-02-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4326 of 2017 Arising Out of PS.Case No. -356 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Rahul Kumar, Son of Umesh Prasad, Resident of Village/MohallaBageshwari Gumati near Bum Baba Mandir, P.S. Delha ,District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kunwar Narayan Jamuar, Adv. For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APp ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Barachatty P.S. Case No.356 of 2016 instituted for the offence under Sections 272, 273 and 120B of the Indian Penal Code and Sections 47(a), 48(2), 54 and 63 of Bihar Excise (Amendment) Act, 2016. It is alleged that foreign liquor has been recovered from the Car of which the petitioner was a driver. One another person Arvind Kumar was also sitting on the Car. It has been submitted that another person sitting on the Car namely Arvind Kumar has already been granted bail by a co-ordinate Bench of this Court by an order dated 16.12.2016 passed in Cr.Misc.No.54008 of 2016. The petitioner is said to be in

Patna High Court Cr.Misc. No.4326 of 2017 (2) dt.10-02-2017 custody since 13.09.2016. It is mentioned in paragraph 3 of the petition that the petitioner has no criminal antecedent. In view of such, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatty P.S. Case No.356 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Arvind/- U T