Hemant Singh @ Hemant Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52754 of 2016 Arising Out of PS.Case No. -50 Year- 2016 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================
1. Hemant Singh @ Hemant Kumar Singh, S/o Chandra Bhanu Singh, Resident of Village- Majharia, P.S.- Buxar (Industrial Area), DistrictBuxar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghvendra Pratap Singh Mr. Kamlesh Kumar Singh For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This is an application for grant of anticipatory bail for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of Excise Act.
It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and petitioner's name surfaced only on the basis of confessional statement of co-accused, Guudu Singh from whose possession, the alleged liquor was recovered.
Heard learned A.P.P. also.
Having heard both sides and in view of the fact that
Patna High Court Cr.Misc. No.52754 of 2016 (2) dt.21-12-2016 2/2 nothing has been recovered from the possession of the petitioner and his name transpired only on the basis of confessional statement of the co-accused, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar (Ind.) P.S. Case No. 50 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunil/- U T