Kapil Bind @ Kapil Dev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30936 of 2018 Arising Out of PS.Case No. -389 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Kapil Bind @ Kapil Dev S/o Late Madhuri Bind @ Late Mdhuri Bind, Permanent R/o Vill.- Shivnandanpur, P.S.- Sultanganj, District- Bhagalpur at present R/o Vill. & P.O.- Sandhwan, Teh - Kotkapura, District- Faridkot (Punjab).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Upadhyaya For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-06-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sultanganj P.S. Case No. 389 of 2017 registered for the offences punishable under Sections 7 E. C. Act of the Indian Penal Code. It is alleged that 64 bags of wheat and 167 bags of rice were recovered from the house of the petitioner. Learned counsel for the petitioner submits that, no doubt, the house, from where the recovery was made, belongs to the petitioner but, as a matter of fact, petitioner had left his home 32 years ago and settled down at Punjab. It is submitted that the aforesaid house is an abandoned house which is evident from

Patna High Court Cr.Misc. No.30936 of 2018 (2) dt.21-06-2018 2/2 perusal of column 2 of seizure list.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bhagalpur, in connection Sultanganj P.S. Case No. 389 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) N.K/- U T