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Patna High CourtCR. MISC./58810/2017bail granted

Pappu Kumar v. The State Of Bihar

2017-12-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58810 of 2017 ======================================================

1. Pappu Kumar, son of Chamari Yadav, resident of Village- Gurpa, P.S.- Fatehpur, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Fatehpur P.S. Case No. 146 of 2017 instituted for the offence under Sections-272/273/34 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016.

It has been submitted that illicit country made liquor was recovered from possession of Subodh Kumar and he disclosed the name of this petitioner.

There is no recovery of any liquor from conscious possession of the petitioner. In paragraph-3 of the petition, it has been mentioned that the petitioner has no criminal antecedent. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on

Patna High Court Cr.Misc. No.58810 of 2017 (2) dt.07-12-2017 2/2 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Fatehpur P.S. Case No. 146 of 2017 to the satisfaction of learned Special Judge (Excise), Gaya subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T