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Patna High CourtCR. MISC./44926/2017bail granted

Sunil Kumar Pandey v. The State Of Bihar

2017-09-21Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44926 of 2017 Arising Out of PS. Case No.-94 Year-2016 Thana- SURYAPURA District- Rohtas ====================================================== Sunil Kumar Pandey , Son of Shri Chandrama Pandey, resident of VillageDabariya, P.S.- Suryapura, District- Rohtas at Sasaram, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Aaruni Singh For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Sri Aaruni Singh, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is not named in the F.I.R. has approached this court with a prayer to extend the privilege of anticipatory bail in Suryapura P.S. Case No. 94 of 2016 registered for the offence under Section 272 & 273 of the Indian Penal Code , 1860 and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016 in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that in the case seizure of huge quantity of Indian make foreign liquor was shown from a forest and F.I.R. was lodged against unknown and thereafter, during investigation, petitioner's name was falsely disclosed in the present case. It has been argued by way of referring to the statement made in paragraph no. 3 of

Patna High Court Cr.Misc. No.44926 of 2017(2) dt.21-09-2017 2/2 the petition that petitioner is having clean antecedent. Considering the fact that F.I.R. was lodged against unknown as well as the fact that petitioner is having clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Sunil Kumar Pandey be enlarged 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 Additional Sessions Judge -II-cum-Spl. Court, Excise, Rohtas at Sasaram / concerned court in connection with Suryapura P.S. Case No. 94 of 2016 subject to the conditions as contemplated under section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T