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Patna High CourtCR. MISC./8078/2017allowed

Sanjay Pandey v. The State Of Bihar

2017-02-27Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.8078 of 2017 (2) dt.27-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8078 of 2017 Arising Out of PS.Case No. -84 Year- 2016 Thana -JADOPUR District- GOPALGANJ ======================================================

1. Sanjay Pandey Son of Rajendra Pandey Resident of VillageMahammadpur, Police Station- Mahammadpur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Jadopur Police Station Case No. 84 of 2016, disclosing offences under Sections 272, 273 and 420 of the Indian Penal Code and Section 30(a)(b)(c)/35 of the Bihar Prohibition Excise Act, 2016.

Learned counsel for the petitioner has submitted that in fact the petitioner has not been named in the F.I.R. and mere on the basis of confessional statement of co-accused, Jaglal Yadav, petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of this petitioner, which is evident from seizure list. Hence, the

Patna High Court Cr.Misc. No.8078 of 2017 (2) dt.27-02-2017 petitioner deserves the privilege of anticipatory bail. Considering 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 six weeks, 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 learned Additional Chief Judicial Magistrate-XIV, Gopalganj in connection with Jadopur Police Station Case No. 84 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T