Patna High CourtCR. MISC./12344/2018bail granted

Ved Narayan Kumar @ Chandan Kumar @ Chandan v. The State Of Bihar

2018-02-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12344 of 2018 Arising Out of PS.Case No. -265 Year- 2017 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== VED NARAYAN KUMAR @ CHANDAN KUMAR @ CHANDAN S/o Madan Mohan Prasad, R/o Village- Chhatneshwar Tara, P.S.- Warisnagar, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Warisnagar P.S. Case No. 265 of 2017 registered for the offences punishable under Sections 273 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 51.480 liters of illicit liquor from the beneath of the bridge. The learned counsel for the petitioner submits that no recovery has been effected from the conscious possession. It is submitted that at the time when the present case was instituted, the petitioner had a clean antecedent.

Patna High Court Cr.Misc. No.12344 of 2018 (2) dt.28-02-2018 2/2 Considering the nature of accusation levelled against the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge -VI, Samastipur in connection with Warisnagar P.S. Case No. 265 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T