Patna High CourtCR. MISC./46710/2017bail granted

Uday Kumar v. The State Of Bihar

2017-10-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46710 of 2017 Arising Out of PS. Case No.-241 Year-2017 Thana- GARDANIBAGH District- Patna ====================================================== Uday Kumar, S/o Dinesh Prasad, Resident of Village-Daruara, P.S-Noorsarai, District-Nalanda at Present -Adawsh Vihar Colony, Ram Krishna Nagar, P.S.- Ram Krishna Nagar, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Sinha For the Opposite Party/s :

Mr. SRI ANIL KUMAR SINGH 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 419, 420, 467, 468, 471, 120B of the I.P.C. and Sections 38(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

Allegation is that several bottles of foreign wine and several other articles including driving licence, mobile sim, Bank pass book, Pan card, ATM card etc and some old notes of 1000 and 500 demonetization were recovered from the house of one Prasenjit Kumar.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.07.2017 and has got no criminal

Patna High Court Cr.Misc. No.46710 of 2017(3) dt.17-10-2017 2/2 antecedent. The name of the petitioner has come in the present case on the disclosure made by the co-accused. No wrongful loss or wrongful gain has been caused by him nor any offence under the Bihar Prohibition and Excise Act, 2016 has been committed by the petitioner. There is no substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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.3488 of 2017 arising out of Gardanibagh P.S. case No.241 of 2017.

(Sudhir Singh, J) Narendra/- U T