Patna High CourtCR. MISC./14201/2017allowed

Raj Kumar Thakur v. The State Of Bihar

2017-05-16Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.14201 of 2017 (2) dt.16-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14201 of 2017 Arising Out of PS.Case No. -443 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Raj Kumar Thakur, Son of Late Ram Lakhan Thakur, R/o villageKhorampur, P.S.- Matihani, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv. For the Opposite Party/s : Mr. Sri Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-05-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Barauni Police Station Case No. 443 of 2016, disclosing offences under Section 188 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016.

Learned counsel for the petitioner has submitted that in fact the petitioner has not been named in the F.I.R. and mere on the basis of confessional statement of co-accused, Santosh Kumar, the petitioner, who happens to be the owner of the alleged vehicle, has been implicated in this case. Nothing has been recovered from the conscious possession of this petitioner, which is evident from seizure list nor the petitioner has any concern with the alleged recovery. Hence, the petitioner

Patna High Court Cr.Misc. No.14201 of 2017 (2) dt.16-05-2017 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, Begusarai, in connection with Barauni Police Station Case No. 443 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T