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Patna High CourtCR. MISC./35052/2019bail granted

Prakash Kumar Dokania @ Prakash Dokania v. The State Of Bihar

2019-05-30Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35052 of 2019 Arising Out of PS. Case No.-194 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Prakash Kumar Dokania @ Prakash Dokania, s/o Shri Shiv Kumar Dokania, R/v Chunihari Tola, Bhagalpur, P.S. Kotwali, Distt. Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gautam Kumar Kejriwal For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant anticipatory bail application apprehending his arrest in connection with Kotwali P.S. Case No. 194 of 2019, G.R. No. 1036 of 2019 registered for the offence under Section 420/ 34 of the Indian Penal Code and Section 7 of the Lottery Regulation Act, 1998. As per allegation made in the F.I.R., one person namely, Shiv Choudhary was caught by the police, selling Lottery tickets as described in the FIR, which were recovered from his possession. It is further stated that it was he who disclosed the name of the petitioner and the petitioner managed to escape from the said place while police were searching the

Patna High Court CR. MISC. No.35052 of 2019(2) dt.30-05-2019 2/2 shop of one Dinesh Ram.

The learned APP appearing for the State opposes the application for bail.

Having heard the parties and considering the facts that the petitioner was not arrested from the spot, no incriminating material was recovered and in view of the facts and circumstances, the petitioner, above named, is directed to surrender in the court below within a period of six weeks from today and in the event of his arrest or surrender, he shall be enlarged 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 Chief Judicial Magistrate, Bhagalpur in connection with Kotwali P.S. Case No. 194 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T