Gautam @ Parmod @ Kushal Yadav @ Kushal @ Pramod Kushal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6098 of 2017 Arising Out of PS.Case No. -355 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Gautam @ Pramod @ Kushal Yadav @ Kushal @ Pramod Kushal, son of Khushal Yadav, resident of Village-Nimiyatand, P.S.-Barachatti, DistrictGaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Barachatti P.S. Case No. 355 of 2016 instituted for the offence under Section(s) 272, 273, 120B of the Indian Penal Code and Sections 47(a), 48(2), 54 and 63 of the Bihar Excise (Amendment) Act, 2016.
It is alleged that the raiding team chased one Tata Indica Vehicle which was rashly and negligently driven. The raiding team, thereafter found the aforesaid car standing by the side of G.T. road. Several villagers gathered there who disclosed the owner of the vehicle as Santosh Das @ Chuni. The villagers also disclosed the name of other persons who got down from the vehicle and fled away as this petitioner and two other persons. In
Patna High Court Cr.Misc. No.6098 of 2017 (2) dt.17-02-2017 2/2 this manner, the written report itself reflects that the name of the petitioner has been disclosed by the villagers who gathered there. The petitioner was not apprehended on the spot. It has been mentioned in para 3 of the petition that petitioner has no criminal antecedent.
In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Barachatti P.S. Case No. 355 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya, subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Sanjay Priya, J) Shageer/- U T