Patna High CourtCR. MISC./30651/2018allowed

Rahul Kumar @ Sonu And ANR v. The State Of Bihar

2018-06-05Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.30651 of 2018 (3) dt.05-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30651 of 2018 Arising Out of PS.Case No. -629 Year- 2017 Thana -BARBIGHA District- SEKHPURA ======================================================

1. RAHUL KUMAR @ SONU, S/o Rajesh Kumar ,

2. Kripa Shankar Kumar S/o Shiv Shakti Singh, Both are R/o Vill.- Maldahi, P.S.- Barbigha, District- Seikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Ajeet Kumar, Adv. For the Opposite Party/s : Mr. Sri Rajballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Excise Case No. 837 of 2017, arising out of Barbigha Police Station Case No. 629 of 2017, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioners has submitted that the petitioners are innocent and has not committed any offence. In fact, the alleged recovery of foreign liquor was made from the Khalihan, which is evident from seizure list and the petitioners have no concern with the alleged recovery. The petitioners were made accused on the basis of confessional statement of the co-accused Manish Kumar @ Lokesh Kumar.

Patna High Court Cr.Misc. No.30651 of 2018 (3) dt.05-06-2018 The petitioners have not been named in the F.I.R. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Sheikhpura, in connection with Excise Case No. 837 of 2017 arising out of Barbigha Police Station Case No. 629 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T