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Patna High CourtCR. MISC./10112/2018bail granted

Ram Pukar Padit v. The State Of Bihar

2018-02-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10112 of 2018 Arising Out of PS. Case No.-219 Year-2017 Thana- HUSAINGANJ District- Siwan ====================================================== Ram Pukar Padit Son of Sri Dina Nath Padit Resident of Village-Sareyan, Police-Station-Hussainganj, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav For the Opposite Party/s :

Mr. SRI BHANU PRATAP SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Hussainganj P.S. Case No. 219 of 2017 registered for the offence punishable under Sections 272, 273, 308, 414 and 420 of the Indian Penal Code and Sections 41(1), 30, 36 and 38 of the Bihar Excise & Prohibition Act, 2016. The allegation is regarding recovery of 72.36 litres of illicit liquor from the motorcycle of the co-accused persons and upon their interrogation, the said co-accused persons have named the petitioner.

The learned counsel for the petitioner submits that neither the motorcycle belongs to him nor any recovery has been made from his possession. It is further submitted that the petitioner is

Patna High Court Cr.Misc. No.10112 of 2018(2) dt.27-02-2018 2/2 having a clean antecedent.

Considering the nature of accusation levelled against the petitioner herein as also the fact that the petitioner has got a clean antecedent, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IInd, Siwan in connection with Hussainganj P.S. Case No. 219 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T