Patna High CourtCR. MISC./44399/2017bail granted

Saroj Kumar v. The State Of Bihar

2017-09-21Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 44399 of 2017 Arising Out of PS. Case No.-71 Year-2017 Thana- Kanhauli District- Sitamarhi ====================================================== Saroj Kumar Son of Dinesh Yadav @ Dinesh Prasad Yadav, R/o VillageLarakawa, P.S.-Kanhauli, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

21-09-2017 Heard Sri Santosh Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Kanhauli P.S. Case No. 71 of 2017 registered for offence under Section 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that petitioner has falsely been implicated in the present case. In the case, it was alleged that one motorcyclist was carrying liquor and after noticing the police, after throwing motorcycle, he fled away. It was alleged that person, who fled away was the petitioner, whereas, according to learned counsel for the petitioner, the petitioner was not having any connection with the

Patna High Court Cr.Misc. No.44399 of 2017(2) dt.21-09-2017 2/2 said motorcycle or seized articles. Learned counsel for the petitioner has also drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent.

Considering the nature of accusation as well as clean antecedent of the petitioner, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Saroj Kumar be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned I.C./A.D.J. - II cum Special Judge, Excise Act, Sitamarhi in connection with Kanhauli P.S. Case No. 71 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T