Dibakar Singh @ Kallu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53915 of 2016 Arising Out of PS.Case No. -91 Year- 2016 Thana -SONO District- JAMUI ====================================================== Dibakar Singh @ Kallu Singh Son of Late Kartik Singh resident of Jugari (Abhu Rampur), P.O. & P.S. - Sono, District - Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Smt. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 47 (A) (F) of the Bihar Excise Act. Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner rather it was recovered from the vehicle of the petitioner and he was not present at the place of occurrence. Though it is alleged that 500 pouches of country made liquor were recovered but as a matter of fact it was recovered from the possession of the driver and the cleaner and for no fault petitioner has been made accused in this case.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.53915 of 2016 (3) dt.12-01-2017 2/2 Having heard both sides, in view of the fact that nothing has been recovered from the possession of the petitioner rather recovery was made from the driver and cleaner of the vehicle, let above named petitioner, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Ist, Jamui, in connection with Sono P.S. Case no. 91 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Petitioner is also directed to co-operate during the investigation of the case and appear before the police as and when required. Accordingly, the application is allowed.

(Vinod Kumar Sinha, J) sudip/- U T