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Patna High CourtCR. MISC./49280/2016bail granted

Babloo Choudhary v. The State Of Bihar

2016-12-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49280 of 2016 Arising Out of PS.Case No. -284 Year- 2016 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Babloo Choudhary Son of- Sita Ram Choudhry, Resident of VillagePurani Bazar, P.S.- Bakhtiyarpur, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application for anticipatory bail for the offences under Sections 47(A) and 53 of Bihar Excise Amendment Act, 2016.

The allegation is of recovery of 15 kg Mahua Jawa and Gur from the possession of the petitioner. It has been submitted by learned counsel for the petitioner that aforesaid articles have been recovered and there is nothing against the petitioner and on similar allegation, other coaccused has been granted anticipatory bail by order dated 2.12.2016 in Cr.Misc.No. 51125 of 2016.

Heard learned APP appearing for the State who

Patna High Court Cr.Misc. No.49280 of 2016 (2) dt.19-12-2016 could not controvert this fact.

Having heard both sides and in view of the fact that other co-accused has been granted anticipatory bail by this Court, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saharsa in connection with Bakhtiyarpur P.S. Case No. 284 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioner will cooperate with the investigation of the case as and when required by the police.

(Vinod Kumar Sinha, J) A.I./- U T