Patna High CourtCR. MISC./463/2017bail granted

Raj Kumar v. The State Of Bihar

2017-01-17Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.463 of 2017 (2) dt.17-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.463 of 2017 Arising Out of PS.Case No. -250 Year- 2016 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Raj Kumar, Son of Deo Nandan Prasad, Resident of Village / MohallaChandi More, Harnaut, Police Station- Harnaut, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2017 Heard the parties.

This application is for grant of anticipatory bail in connection with Harnaut P.S.Case No.250 of 2016 for the offence under Sections 414/34 of the Indian Penal Code and under Sections 47/47(a), 54/57(1) of the Bihar Excise (Amendment) Act, 2016.

It is submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner rather one co-acused has been arrested with a Maruti Car, from which 120 bottles of foreign liquor have been recovered and he disclosed that the owner of the vehicle is the petitioner and on the basis of the same, this petitioner has been made accused. In another case, he has been granted bail by this Hon'ble Court, vide

Patna High Court Cr.Misc. No.463 of 2017 (2) dt.17-01-2017 order dated 16.1.2017 passed in Criminal Misc. No.1186 of 2016 and there is nothing against the petitioner.

Heard learned A.P.P. also.

Having heard both sides. In view of the facts and circumstances of the case and as nothing has been recovered from the possession of the petitioner, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of 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 C.J.M., Biharsharif in connection with Harnaut P.S.Case No.250 of 2016 , subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with a condition that he will co-operate in the investigation of the case.

(Vinod Kumar Sinha, J) chn/- U