Bhulan Chaudhary @ Surendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -DURAULI District- SIWAN ====================================================== Bhulan Chaudhary @ Surendra Yadav, son of Naresh Chaudhary, resident of village-Dumrehar Bujurg, P.S.-Darauli, District- Siwan. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Kant, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-01-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Darauli P.S. Case No.104 of 2016 instituted for the offence under Section(s) 272, 273 Indian Penal Code and under Section(s) 47(K), 53(Kh), (Ga) of the Bihar Excise Act.
It has been submitted on behalf of the petitioner that the name of this petitioner had been taken by co-accused Ashok Bhagat @ Sanichra, who had been apprehended on the spot by the police. It has further been submitted that the petitioner has no criminal antecedents.
From the written report, it appears that recovery of liquor has been made from Ashok Bhagat @ Sanichra. There is no recovery from the possession of this petitioner. It has been
Patna High Court Cr.Misc. No.11 of 2017 (2) dt.10-01-2017 2/2 mentioned in para 12 of the petition that co-accused, from whose possession recovery has been made, has already been granted bail vide Bail Petition No.1301 of 2016. In the circumstances, prayer for anticipatory bail is allowed.
In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Darauli P.S. Case No.104 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Sanjay Priya, J) JA/- U T