Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44556 of 2017 Arising Out of PS.Case No. -251 Year- 2017 Thana -AGAMKUAN District- PATNA ====================================================== Satyendra Kumar, Son of Raghunath Singh, R/o Village- Kastahan Bazurg, P.S.- Vaishali, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jay Ram Prasad, Advocate. For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Special Case No. 2449 of 2017 arising out of Agamkuan P.S. Case No. 251 of 2017 instituted for the offence under Section 30(a) of Bihar Excise Amendment Act, 2016.

From the written report it appears that petitioner was not present at the place of occurrence. It is alleged that driver of the vehicle fled away after locking the car. The police opened the car with the help of Mechanic of Honda Company from which foreign liquor has been recovered. The informant has made the petitioner accused merely because he is said to be the owner of the aforesaid vehicle. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.44556 of 2017 (3) dt.13-11-2017 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Special Case No. 2449 of 2017 arising out of Agamkuan P.S. Case No. 251 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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