Shashikant Kumar @ Srikant v. The State Of Bihar

Patna High Court Cr.Misc. No.43289 of 2015 (2) dt.05-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43289 of 2015 Arising Out of PS.Case No. -267 Year- 2015 Thana -FATEHPUR District- GAYA ======================================================

1. Shashikant Kumar @ Srikant, S/O Lakhan Yadav @ Ram Lakhan Prasad resident of Village- Gopalkera, P.S.- Fatehpur. District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner prays for anticipatory bail in a case registered under Sections 272 and 273 of the Indian Penal Code and Section 47 A of the Excise Act.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case as out of the two motorcycles, which were left behind by the alleged accused persons while they were fleeing, one belonged to the coaccused Vijay Prasad, whereas the other motorcycle did not belong to the petitioner, rather it was in the name of one Saroj Kumar. It is further submitted that from the other motorcycle, which has allegedly been used by this petitioner, only 40 litres of illicit liquor has been recovered. Learned counsel for the

Patna High Court Cr.Misc. No.43289 of 2015 (2) dt.05-11-2015 petitioner also submits that the petitioner has no criminal antecedent and he has been falsely implicated in this case due to village politics.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Shashikant Kumar alias Srikant, in the event of his arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri R.K. Pandey Judicial Magistrate, Ist Class, Gaya in connection with Fatehpur P.S. Case No.267 of 2015, subject to the other conditions as laid down under Section 438 (2) of the Cr.P.C.

(Ramesh Kumar Datta, J) V.P.Sinha/- U