Gaurav Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7876 of 2017 Arising Out of PS.Case No. -603 Year- 2016 Thana -KOTWALI District- PATNA ======================================================

1. Gaurav Kumar, Son of Sohan Lal, Resident of Mohalla-Jalkaddar Bagh, P.S.- Malasalami, District- Patna.

2. Mukesh Kumar, Son of Sunil Kumar, Resident of Mohalla- Quila Road, P.S.- Chawk, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai, Advocate. For the Opposite Party/s : Mr. Nand Kishore Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Kotwali P.S. Case No. 603 of 2016 instituted for the offence under Sections 279, 337, 338, 427of the Indian Penal Code, Sections 37(b), 37(c), 41(I) (II) of Bihar Prohibition and Excise Act, 2016 and Section 185 of the Motor Vehicle Act.

It has been submitted that the name of the petitioners have been disclosed by Chandra Prakash who was driving the vehicle in question.

In the written report, it is stated that Chandra Prakash who was driving the car sustained injury in the accident and he

Patna High Court Cr.Misc. No.7876 of 2017 (2) dt.28-02-2017 2/2 was found to have taken the liquor. He disclosed that he had taken liquor with the petitioners and was returning home. In this manner, the names of the petitioners have been disclosed by co-accused. The petitioners are not apprehended on the spot. It has been mentioned that the petitioners have clean antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Kotwali P.S. Case No. 603 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T