Gopal Kumar @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31236 of 2018 Arising Out of PS. Case No.-156 Year-2016 Thana- DEHRI TOWN District- Rohtas ====================================================== Gopal Kumar @ Pintu S/o Yugeshwar Prasad Resident of East Mohan Bigha, P.S. Dehri, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks Anticipatory bail in connection with Dehri (Dalmiyanagar) P.S. Case No. 156 of 2016 registered under Sections 272, 273, 414 of the Indian Penal Code and 47(A) of Excise Act.

Informant is the sub-inspector of police, who in his self statement has stated that on 17.03.2016 he received a confidential information that two persons on motorcycle are going with liquor from Makrain Bhatti, on seeing the police they abandoned the motorcycle and 182 bottles of country made liquor containing 200ml and a Bajaj CT 100 motorcycle and both were seized by the police and FIR was instituted against two unknown.

Patna High Court Cr.Misc. No.31236 of 2018(2) dt.23-05-2018 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case and nothing has been recovered from his possession and the name of petitioner has surfaced during course of investigation on the basis of statement made by Satyendra Kumar Singh one of the seizure list witnesses. It has further been submitted that petitioner has no criminal antecedent, however, subsequent to this act he has been implicated in Dehri (Dalmiyanagar) P.S. Case No. 157 of 2016 in which he has been granted anticipatory bail.

Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released 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 the learned 2nd Additional Sessions Judge-cumspecial Judge, Excise, Rohtas at Sasaram, in connection with Dehri (Dalmiyanagar) P.S. Case No. 156 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) One of the bailors of the petitioner shall be a local

Patna High Court Cr.Misc. No.31236 of 2018(2) dt.23-05-2018 3/3 person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(S. Kumar, J) veena/- U T