Patna High CourtCR. MISC./11158/2018bail granted

Deepak Kumar v. The State Of Bihar

2018-02-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11158 of 2018 Arising Out of PS.Case No. -121 Year- 2017 Thana -BIND District- NALANDA (BIHARSHARIFF) ====================================================== Deepak Kumar S/o Bodhi Mistri , R/o Village- Barjo, P.S.- Rajdhawar, Distt.- Giridih, State- Jharkhand.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Bind PS case no. 121 of 2017 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 177 liters of illicit liquor from a pick up van.

The learned counsel for the petitioner submits that neither any recovery has been made from the person of the petitioner nor the pick van from which recovery has been made belongs to the petitioner and the petitioner is having a clean antecedent.

Patna High Court Cr.Misc. No.11158 of 2018 (2) dt.27-02-2018 2/2 Considering the nature of accusation levelled against the petitioners 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 6th Additional Sessions Judge cum Special Judge, Excise Act, Nalanda, Bihar Sharif in connection with Bind PS case no. 121 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

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