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Patna High CourtCR. MISC./9264/2018allowed

Umesh Kumar Pritam v. The State Of Bihar

2018-02-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.9264 of 2018 (2) dt.20-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9264 of 2018 Arising Out of PS.Case No. -166 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Umesh Kumar Pritam S/o Ram Sakha Das, R/o Village- Hasanpur Bazar, P.S.- Hasanpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv. For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-02-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Hasanpur Police Station Case No. 166 of 2017, disclosing offences under Sections 272, 273 of the Indian Penal Code and 37, 47 of the Arms Act and Section 47, 30(a), 37(A), 37(B) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, neither the petitioner has been named in the F.I.R. nor he has been arrested on the spot. Nothing incriminating has been recovered from the possession of the petitioner. The petitioner happens to be owner of the

Patna High Court Cr.Misc. No.9264 of 2018 (2) dt.20-02-2018 alleged vehicle and he has no concern with illegal liquor. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within 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 learned Additional Session's Judge-6th, Samastipur, in connection with Hasanpur Police Station Case No. 166 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T