Patna High CourtCR. MISC./37508/2017allowed

Dhiraj Mahto @ Dhiraj Kumar v. The State Of Bihar

2017-11-13Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.37508 of 2017 (4) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37508 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Dhiraj Mahto @ Dhiraj Kumar Son of Kameshwar Mahto, Resident of Village-Sandha, P.S. Chapra Mufassil, District Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Chapra Muffasil Police Station Case No. 95 of 2017, disclosing offences under Sections 272, 273 of the Indian Penal Code and Section 30, 38 and 41 of the Bihar Prohibition Excise Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the name of this petitioner has been surfaced in this case merely on the basis of confessional statement of co-accused. Nothing incriminating has been recovered from the conscious possession of the petitioner

Patna High Court Cr.Misc. No.37508 of 2017 (4) dt.13-11-2017 nor the petitioner has been arrested on the spot. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th A.D.J. -cum- Special Court, Excise Act, Saran in connection with Chapra Police Station Case No. 95 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T