Baleshwar Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35480 of 2019 Arising Out of PS. Case No.-174 Year-2017 Thana- GUTHANI District- Siwan ====================================================== BALESHWAR RAJBHAR Son of Naresh Rajbhar Resident of VillageGyaspur, P.S.-Guthni, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272/273 and 34 of the Indian Penal Code and Sections 30(a), 38 (a) and 41 (i) of the Bihar Prohibition and Excise Act, 2016. It has been submitted on behalf of the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from the conscious possession of the petitioner and there is no compliance under Section 100 Cr.P.C. In the 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 six weeks from the

Patna High Court CR. MISC. No.35480 of 2019(3) dt.07-08-2019 2/2 date of receipt of the order, be released on anticipatory 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 Additional Sessions Judge-2nd-cum-Special Judge, Excise Act, Siwan in connection with Guthni Police Station Case No. 174 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T