Patna High CourtCR. MISC./49023/2016bail granted

Ranjan Kumar v. The State Of Bihar

2016-12-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49023 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -CHAKAI District- JAMUI ======================================================

1. Ranjan Kumar Son of Late Parmanand Rai, Resident of VillageDharampur, Narepur, P.S.- Bachhawara, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Anuj Kumar For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Sections 47A and F of Bihar Excise Amendment Act.

The allegation against the petitioner is of recovery of five bags foreign liquor.

It is submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner rather it is alleged that recovery has been made from the Bolero which was being plied by the driver. The petitioner is owner of the Bolero and petitioner has no role in the case.

Patna High Court Cr.Misc. No.49023 of 2016 (2) dt.19-12-2016 Heard learned APP appearing for the State who could not controvert this fact.

Having heard both sides and in view of the fact that there is no recovery from the conscious possession of the petitioner, 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/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Chakai P.S. Case No. 81 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioner will cooperate with the investigation of the case as and when required by the police.

(Vinod Kumar Sinha, J) A.I./- U