Patna High CourtCR. MISC./31237/2018allowed

Brij Kumar @ Brij Gupta And ANR v. The State Of Bihar

2018-06-07Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.31237 of 2018 (2) dt.07-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31237 of 2018 Arising Out of PS.Case No. -84 Year- 2018 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Brij Kumar @ Brij Gupta Son of Raj Kishore Gupta@ Raj Kishore Barnwal @ Raj Kishore Prasad Barnwal Resident of village- Khiriya Ghat, Police Station- Bairiya, District- West Champaran.

2. Sunil Kumar Son of Nami Mahto Resident of Village Hira Pakar, Police Station- Manuapul, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. Sri Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bairiya Police Station Case No. 84 of 2018, disclosing offences under Sections 272, and 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition And Excise Act, 2016.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the alleged recovery of English wine was made near the G.D. Public School,

Patna High Court Cr.Misc. No.31237 of 2018 (2) dt.07-06-2018 which is evident from seizure list and the petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their 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 Special Judge, Excise, Bettiah, West Champaran, in connection with Bairiya Police Station Case No. 84 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T