Patna High CourtCR. MISC./3618/2017bail granted

Rajiv Kumar @ Raju Kumar v. The State Of Bihar

2017-02-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3618 of 2017 Arising Out of PS.Case No. C2A-244 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. District- VAISHALI (HAJIPUR) ====================================================== Rajiv Kumar @ Raju Kumar, son of late Harish Chandra Prasad, Resident of Village- Chiknauta, Police Station- Baligaon, District- Vaishali. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dharmesh Kumar, Advocate. For the Opposite Party : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 47(a) and 54 of the Excise Act.

It has been submitted that total 2.520 liters of foreign liquor is alleged to have been recovered from the house of the petitioner. The petitioner is said to have fled away. Further submission is that neither signature of the petitioner nor any family member has been obtained on the seizure list, although, it is mentioned in the prosecution report itself that foreign liquor has been seized from the house of the petitioner. In this manner, there is violation of Provisions of Section 100 (6) Cr. P.C.

Patna High Court Cr.Misc. No.3618 of 2017 (2) dt.10-02-2017 2/2 Considering the facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Case No. C2A-244 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T