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Patna High CourtCR. MISC./9848/2017allowed

Tunni Kumar Singh @ Vishal Singh v. The State Of Bihar

2017-03-10Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.9848 of 2017 (2) dt.10-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9848 of 2017 Arising Out of PS.Case No. -593 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. TUNNI KUMAR SINGH @ VISHAL SINGH, S/o Anil Kumar Singh @ Anil Singh, Resident of Sidhnath Nagar, ( Tari Mahalla ), P.S. Ara Town, District - Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Narayan Singh-1 For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ara Town Police Station Case No. 593 of 2016, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is an student of B.A. (Hons.) and has falsely been implicated in this case due to village politics. In fact, the alleged recovery has been made from the bushes, which is evident from F.I.R. itself. No recovery has been made from the conscious possession of the petitioner. Therefore, the petitioner has no concern with the seizure list,

Patna High Court Cr.Misc. No.9848 of 2017 (2) dt.10-03-2017 which has been prepared in his absence. Hence, the petitioner also 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, Bhojpur, in connection with Ara Town Police Station Case No. 593 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T