Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9297 of 2017 Arising Out of PS.Case No. -169 Year- 2016 Thana -PHULWARIA District- BEGUSARAI ====================================================== Rupesh Kumar, Son of Devendra Rai, Resident of Village/Mohalla- Gaura, P.S.- Teghra, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Fulwaria P.S. Case No. 169 of 2016 instituted for the offence under Section (s) 272, 273, 290 of the Indian Penal Code and Sections 30, 35, 38 of the Bihar Excise(Amendment) Act, 2016.

It is alleged that 161 cartoons of Royal Stag Foreign liquor was recovered from a truck and co-accused Ajit Singh and Bal Krishna Singh were apprehended. It is further alleged that apprehended accused disclosed the name of some persons who succeeded to run away which includes the name of this petitioner.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.9297 of 2017 (3) dt.30-03-2017 2/2 that there is no recovery of any liquor from the possession of this petitioner. It has further been submitted that co-accused Pintu Kumar has been granted anticipatory bail by a coordinate Bench of this Court vide Cr. Misc. No. 10975 of 2017 on 18.03.2017. In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Fulwaria P.S. Case No. 169 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T