Patna High CourtCR. MISC./52591/2016bail granted

Vikash Kumar v. The State Of Bihar

2016-12-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52591 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Vikash Kumar S/o Dhanesh Prasad, R/o Ilaram Chown, P.S. Bettiah Nagar, District West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Belchar P.S. Case No. 57 of 2016 for the offences punishable under sections 47 (a) and 57 of the Bihar Excise Act, 1916.

Allegedly, one Ranjan Kumar driving Omni Maruti Van, was caught and from the Maruti Van Nepali liquor in huge quantity, as per the seizure list, was recovered and he stated the name of the petitioner also that he and others are involved in dealing with the liquor.

Submission is that besides the confessional statement

Patna High Court Cr.Misc. No.52591 of 2016 (3) dt.21-12-2016 2/2 of co-accused there is nothing against the petitioner, nothing has been recovered from conscious possession of the petitioner, he has got clean antecedent and Ranjan Kumar who was caught with the liquor has already been allowed regular bail and as such the petitioner also deserves sympathetic consideration. The learned A.P.P. fairly submits that besides confessional statement of co-accused there is no other material against the petitioner.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall 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. Sri N.P. Singh, J.M. 1st Class, Bettiah, West Champaran in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T