Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52789 of 2016 Arising Out of PS.Case No. -243 Year- 2016 Thana -GARDANIBAGH District- PATNA ====================================================== Satyendra Kumar S/o Late Devki Nandan Singh @ Dr. Devaki Nandan Singh Yadav R/o Paharpur, Police Colony Anishabad, P.S. - Gardanibagh, Dist.- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since18.10.2016 in connection with Gardanibagh P.S. Case No. 243 of 2016 registered for the offence punishable under Sections 37(a) (b) (c) (d) (e) and 38(1) (2) of the Bihar Excise Act. The prosecution case is that on secret information, police raided the house of the petitioner and seized 3 litres 60 ML of foreign liquor and some empty bottles and cork and wrapper of foreign liquor.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. It has further been submitted that the petitioner has

Patna High Court Cr.Misc. No.52789 of 2016 (2) dt.16-12-2016 2/2 no criminal history and he undertakes to co-operate with the police during investigation of the case.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of Smt. Sangeeta Rani, learned Judicial Magistrate 1st Class, Patna in connection with Gardanibagh P.S. Case No. 243 of 2016, subject to the condition that one of the bailors would be close relative and other bailor would be a person, who has sufficient immovable properties within the jurisdiction of the concerned police station and that petitioner will appear before the police/ Court below as and when required.

With these observations and directions, this application stands allowed.

(Nilu Agrawal, J.) Arjun/- U T