Patna High CourtCR. MISC./59325/2018bail granted

Arun Kumar v. The State Of Bihar

2018-10-06Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59325 of 2018 Arising Out of PS. Case No.-282 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== Arun Kumar S/o Madan Singh, R/o Vill.- Kaproul, P.S.- Riga, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 272 and 273 of the I.P.C. and Sections 30(A), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 391 litres foreign liquor was recovered from a pick-up van which was being driven by the petitioner. It is further contended that nothing was recovered from the conscious possession of the petitioner. It is urged that in fact the petitioner was walking on the road and he was apprehended by the police party merely on suspicion as the main culprit managed to escape. Petitioner claims that he is having clean antecedent and is in custody since

Patna High Court Cr.Misc. No.59325 of 2018(2) dt.06-10-2018 2/2 23.07.2018.

Having regard to the facts and the circumstances of the case, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional District and Sessions Judgecum-Special Judge, Excise Act, Sitamarhi in connection with Dumra P.S. Case No. 282 of 2018.

Further, if the petitioner, after his release in this case, is again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of his bail bond.

However, at the time of accepting bail bond, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application, i.e., 05.09.2018, then he would not be released.

(Dr. Ravi Ranjan, J) Sanjay/- U T