Patna High CourtCR. MISC./35142/2016bail granted

Gaurav Kumar v. The State Of Bihar

2016-08-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35142 of 2016 Arising Out of PS.Case No. -282 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Gaurav Kumar Son of Birendra Singh Resident of Mohalla Nai Bazar Sarghati, P.S. Sherghati, District Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Sharma, Advocate For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sherghati P. S. Case No. 282 of 2016 registered under Sections 272 and 273 of the Indian Penal Code and 47(a) of the Bihar Excise (Amendment) Act, 2016.

It is contended by the learned counsel for the petitioner that the petitioner has been a victim of false implication. The alleged recovery of 45 litres of alcohol has not been made from the conscious possession of the petitioner. It is also submitted that two seizure list witnesses have sworn affidavit that no recovery was made from the possession of the

Patna High Court Cr.Misc. No.35142 of 2016 (2) dt.20-08-2016 2/2 petitioner and their respective signatures were obtained on a blank-sheet of paper.

Learned counsel for the State has opposed the application for grant of bail of the petitioner. He has submitted that the recovery is from the motorcycle belonging to the petitioner.

Be that as it may, regard being had to the fact that the petitioner has got no criminal antecedent, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghati, District- Gaya in Sherghati P. S. Case No. 282 of 2016. (Ashwani Kumar Singh, J.) Kanchan/- U T