Amit Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.5839 of 2017 (2) dt.20-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5839 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -SHEOHAR District- SHEOHAR ====================================================== Amit Kumar, Son of Upendra Singh, Resident of Village-Rupwara, P.S. Tariyani, District-Sheohar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar, Advocate. For the Opposite Party/s : Mr. A. Mohan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sheohar P.S. Case No. 102 of 2016, registered under Sections 47(A) and 53(A) of the Bihar Excise Act, 2016. The accusation is that, in course of checking, on seeing the police official, three persons started to flee away but they were apprehended, who disclosed their names as Deepak Kumar Singh, Manish Kumar and Md. Taslim. On search, one bottle containing 150 ml of Indian made foreign liquor was recovered from their possession. They also disclosed the name of this petitioner as their associates.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.5839 of 2017 (2) dt.20-03-2017 petitioner was not apprehended by the police on the spot but his name has come in the confessional statement of co-accused, Manish Kumar. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the I/Chief Judicial Magistrate, Sheohar, in connection with Sheohar P.S. Case No. 102 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T