Patna High CourtCR. MISC./8067/2017allowed

Pankaj Kumar Singh v. The State Of Bihar

2017-02-23Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.8067 of 2017 (2) dt.23-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8067 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -JAMHORA District- AURANGABAD ======================================================

1. Pankaj Kumar Singh, Son of Balkeshwar Singh, Resident of VillagePawai, P.S.- Aurangabad Muffasil, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Jamhore Police Station Case No. 40 of 2016, disclosing offences under Sections 47(a) and 54 of the Bihar Excise Amendment Act.

Learned counsel for the petitioner has submitted that in fact the petitioner has not been named in the F.I.R. Mere petitioner being the owner of the alleged vehicle has been implicated in this case by the police. Nothing has been recovered from the conscious possession of this petitioner, which is evident from seizure list. Nowhere the driver, who was arrested on the sport, of the alleged vehicle has supported the implication of this

Patna High Court Cr.Misc. No.8067 of 2017 (2) dt.23-02-2017 petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Jamhore Police Station Case No. 40 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T