Patna High CourtCR. MISC./21322/2018bail granted

Anil Kumar v. The State Of Bihar

2018-05-22Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 21322 of 2018 Arising Out of PS.Case No. -56 Year- 2018 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Anil Kumar, Son of Randhir alias Randhir Singh, Resident of VillageSalhawas, P.S. Salhawas, District- Jhajhar, Haryana. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and the APP for the State.

Petitioner seeks bail in a case registered under Sections 414, 419, 420, 272, 273/34 of Indian Penal Code and Sections 30 (a)/38/41 of the Bihar Prohibition and Excise Act, 2016.

It is submitted by the petitioner's counsel that the petitioner has been falsely implicated in this case and that the petitioner was only a paid driver and had no knowledge of the contents of the vehicle. Seizure is also criticized as being contrary to the procedure prescribed under the Criminal Procedure Code and not in accordance with law. Petitioner is in custody since 25.02.2018 and has no criminal antecedent.

Patna High Court Cr.Misc. No.21322 of 2018 (4) dt.22-05-2018 2/2 Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Muzaffarpur in Saraiya Police Station Case No 56 of 2018 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T