Patna High CourtCR. MISC./51459/2016bail granted

Deepak Kumar v. The State Of Bihar

2016-12-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51459 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -ROH District- NAWADA ======================================================

1. Deepak Kumar Son of Lakhan Singh, resident of Village- Pakki, P.S.- Silao, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Section 47(a) of the Bihar Excise (Amendment) Act, 2016.

It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner rather recovery is from the possession of one Gopal Kumar from whose possession 14 and 1/2 litres foreign liquor have been recovered and the petitioner has no criminal antecedent. Heard learned APP appearing for the State who could not controvert this fact.

Having heard both sides and in view of the fact that

Patna High Court Cr.Misc. No.51459 of 2016 (3) dt.19-12-2016 nothing has been recovered from the possession of the petitioner and the petitioner has no criminal antecedent, 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/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Nawada in connection with Roh P.S. Case No. 65 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioner will cooperate with the investigation of the case as and when required by the police.

(Vinod Kumar Sinha, J) A.I./- U T