Patna High CourtCR. MISC./38565/2013bail granted

Sanjay Gupta @ Sanjay Kumar Gupta v. The State Of Bihar

2015-04-09The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38565 of 2013 Arising Out of PS.Case No. -244 Year- 2013 Thana -SITAMARHI District- SITAMARHI ====================================================== Sanjay Gupta @ Sanjay Kumar Gupta, Son Of Late Swami Nath Gupta, Resident Of Mohalla Koat Bazar, Ward No. 15, Sitamarhi Town, P.SSitamarhi (Town), District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s : Mr. M.Dayal (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 09-04-2015 The petitioner figured as an accused in Sitamarhi P.S. Case No.244 of 2013, wherein offence punishable under Sections 467,468, 471, 420 and 120B of the Indian Penal Code and Section 47A of the Excise Act was alleged.

Apprehending arrest, the petitioner filed A.B.P. No.936 of 2013 in the court of the Sessions Judge, Sitamarhi. The same was dismissed on 21.8.2013. Hence, this application for grant of anticipatory bail under Section 438 of Cr.P.C. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The allegation against the petitioner is that he carried more quantity of spirit than permissible limit in the tanker. However, there is no allegation of theft or misappropriation.

Patna High Court Cr.Misc. No.38565 of 2013 (6) dt.09-04-2015 2/2 Further, one of the co-accused, namely Satyendra Kumar Pathak @ Satyendra Pathak, was granted anticipatory bail by this Court in Cr.Misc. No.23293 of 2013, through order dated 29.8.2013. This application is allowed.

In the event of arrest, the petitioner is directed to 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 the learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No.244 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(L. Narasimha Reddy,CJ) PNM U T