Nand Kishore Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14394 of 2017 Arising Out of PS.Case No. -287 Year- 2016 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Nand Kishore Patel son of Gopal Patel resident of village Belwaniya, P.S. Sugauli, District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Sugauli P.S. Case No. 287 of 2016 for the offence punishable under section 30 (a) of the Bihar Prohibition & Excise Act.

Allegedly, Ramayan Sah and Dhanesh Sah were apprehended with the motorcycle and liquor and Ramayan Sah disclosed that the petitioner and Krishna Sahni used to supply liquor.

Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner or

Patna High Court Cr.Misc. No.14394 of 2017 (2) dt.19-05-2017 2/2 from the house, the petitioner has been implicated on the basis of the confessional statement of Ramayan Sah, there is no material against the petitioner, the petitioner has got no criminal antecedent and as such he deserves sympathetic consideration as similarly situated co-accused, namely, Krishna Sahani has been allowed pre-arrest bail vide Cr. Misc. No. 12037 of 2017 by another coordinate Bench of this Court. The learned A.P.P. fairly submits that co-accused Krishna Sahani has been allowed pre-arrest bail. In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. C.J.M. East Champaran at Motihari in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T