Rinku Parvat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30786 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

RINKU PARVAT Son of Jayram Parvat, Resident of Village - Chhap Mathia, P.S.- Mirganj, District- Gopalganj 2.

Jayram Parvat Son of Late Rajbalam Parvat, Resident of Village - Chhap Mathia, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-05-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Mirganj P.S. Case No. 46 of 2019 registered for offence punishable under sections 272, 273 of the Indian Penal Code and section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018.

From the outside of the house of the petitioners, 105 litres 680 ml. of liquor has been recovered.

The learned counsel for the petitioners submits that petitioner no. 2 is father of petitioner no. 1 and he has superannuated from service and attained the age about 65 years and the petitioners have wrongly been implicated in the present case, as the recovery

Patna High Court CR. MISC. No.30786 of 2019(2) dt.09-05-2019 2/2 has been made from outside their house.

Looking to the facts and circumstances of the case, the prayer for bail of petitioner no. 2, namely, Jayram Parvat is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge (Excise), Gopalganj in connection with Mirganj P.S. Case No.46 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

So far petitioner no. 1 is concerned, his prayer for bail is rejected. However, if he surrenders and prays for regular bail, the court below without being prejudiced by this order, will take decision in accordance with law.

(Shivaji Pandey, J) mkchy/- U T