Patna High CourtCR. MISC./7891/2016bail granted

Jokhu Kumar And ANR. v. The State Of Bihar

2016-04-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7891 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jokhu Kumar Son of Kishun Deo Rai

2. Deepak Kumar, son of Bhim Rai Resident of village- Semra Pandey Tola, P.S.- Kurkaulia, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Kr. Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-04-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Turkaulia Police Station Case No. 09 of 2016, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 47A of the Excise Act.. Learned Counsel for the petitioners submits that no recovery has been made from the premises belonging to the petitioners. He submits that recovery of raw spirit has been made from the house of co-accused Sandeep Kumar and without any material against these petitioners, their names have been mentioned in the First Information Report.

Patna High Court Cr.Misc. No.7891 of 2016 (2) dt.04-04-2016 2/2 Considering the submission, as above, this application is allowed.

Let the petitioners, namely, Jokhu Kumar and Deepak Kumar, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkaulia Police Station Case No. 09 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √