Kanchan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80742 of 2018 Arising Out of PS. Case No.-447 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Kanchan Kumar son of Motilal Manjhi, resident of Village Ram nagar, P.S.- Chapra Muffasil Distt. Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Chapra Muffasil [Chapra (M)] P.S. Case No. 447 of 2018 registered for offences under sections 341, 323, 504, 506, 553/34 of the Indian Penal Code and Section 30, 38, 41 of the Bihar Prohibition and Excise Act, 2016.

As per allegation, in course of patrolling, the police caught two persons who were trying to flee away on seeing the police jeep and the police recovered about 70 liters of illegal liquor from their possession. The police also arrested one Amarjit Kumar.

An allegation has been made against the petitioner and others of rescuing Amarjit Kumar from the possession of

Patna High Court Cr.Misc. No.80742 of 2018(2) dt.25-01-2019 2/2 the police.

The petitioner has got no criminal antecedent. Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional District Judge, Chapra in connection with Chapra Muffasil [Chapra (M)] P.S. Case No. 447 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled. It is also made clear that in future if the petitioner is found involved in the similar offence, the prosecution will be at liberty to pray for cancellation of his bail bond.

(Shivaji Pandey, J) rishi/- U T