Nirbhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79341 of 2018 Arising Out of PS. Case No.-232 Year-2017 Thana- SURYAGARHA District- Lakhisarai * ====================================================== Nirbhay Kumar, Son of Ram Prikshan Yadav, @ Ram Parikshan Yadav, Resident of Quarter No. 501, Street No. 14, Sector 9/B, Bokaro Steel City, Police Station - Bokaro Steel City, District - Bokaro (Jharkhand) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabi Bhushan For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-02-2019 This application, for grant of anticipatory bail, arises out of Suryagadha P.S. Case No. 232 of 2017, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a), 32 (c), 38(d) of the Bihar Prohibition and Excise Act.
Allegation is of recovery of 41 and odd litres of liquor from the Indigo Car, of which, the petitioner is the owner. Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case and he is owner of the vehicle and was not present in the vehicle in question.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts,
Patna High Court CR. MISC. No.79341 of 2018(3) dt.25-02-2019 2/2 this application is allowed. 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. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge cum Special Judge (Excise), Lakhisarai, in connection with Suryagadha P.S. Case No. 232 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T