Patna High CourtCR. MISC./31912/2016bail granted

Dilip Kumar v. The State Of Bihar

2016-08-16Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31912 of 2016 Arising Out of PS.Case No. -260 Year- 2016 Thana -KANKARBAGH District- PATNA ====================================================== Dilip Kumar Son of Sanjay Kewat Resident of Mohalla: Kasma Nihalpur, P.S. Jahanabad, District: Jahanabad At Present- Malahi Pakari Chowk, Smith Joparpati, P.S. Kankarbagh, District-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-08-2016 Learned counsel for the petitioner at the very outset submits that in paragraph no. 1 of the petition, some typing error has occurred and he makes a prayer for allowing him to make correction. He is allowed to make necessary correction. Heard Sri Ashok Kumar ,learned counsel for the petitioner and Sri Amitesh Kumar, learned A.P.P. The sole petitioner who is in custody since 26.4.2016 in Kankarbagh P.S. Case No. 260 of 2016 registered for the offence under section 272, 273 , 188 / 34 of the Indian Penal Code and 47 of the Bihar Excise Act has prayed for grant of bail primarily on the ground that one of the co- accused Birendra Kumar has already been granted bail by order dated 14.7.2016 passed in Cr. Misc. No. 28289 of 2016.

Patna High Court Cr.Misc. No.31912 of 2016 (2) dt.16-08-2016 2/2 Learned A.P.P opposing the prayer submits that from the possession of the petitioner more than 100 liters of toddy was recovered.

Keeping in view the nature of accusation, period of custody and the fact that other co -accused having similar accusation has been granted bail , there is no reason to further detain the petitioner. Let the petitioner Dilip Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Patna / concerned court in connection with Kankarbagh P.S. Case No. 260 of 2016. (Rakesh Kumar, J) Praful/- U T