Patna High CourtCR. MISC./28591/2016bail granted

Vivek Singh @ Vivek Kumar v. The State Of Bihar

2016-07-28Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28591 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Vivek Singh @ Vivek Kumar son of Chunchun Singh, resident of Village- Musaharnia, Rahi, Ward No. 6, P.S Murliganj, DistrictMadhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Biresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sri Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offences under Section 290 of the Indian Penal Code and Section 47(A) of the Excise Act.

The police received confidential information of dumping of illegal liquor and moved to the house of the petitioner. When the police party reached there, they saw that one boy was running away, on chase he was not arrested. The two witnesses disclosed the name of the petitioner. The police entered into the house and recovered huge quantity of illegal liquor. Learned counsel for the petitioner submits that petitioner is a student of intermediate and he has to appear in the

Patna High Court Cr.Misc. No.28591 of 2016 (2) dt.28-07-2016 examination of intermediate which was commenced from 24.2.2016. Merely he was seeing to be running away from the place, cannot be a ground for refusing bail. Other family members were present in the house.

Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner, Vivek Singh @ Vivek Kumar, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No.89 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) Vinay/- U T