Indra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42768 of 2017 Arising Out of PS. Case No.-86 Year-2017 Thana- NANPUR District- Sitamarhi ====================================================== Indra Kumar, Son of Late Vijay Singh, Resident of Mohalla- Rajbag, Pupri, Ward No.9, P.S. Pupri, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Pushpendra Kumar Singh For the Opposite Party/s :

Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Sri Pushpendra Kumar Singh , learned counsel for the petitioner and Sri Nagendra Prasad, learned Additional Public Prosecutor.

The sole petitioner apprehending his arrest in Nanpur P.S. Case No. 86 of 2017 registered for the offence under section 272 , 273 of the Indian Penal Code , 1860 and Section 30( A), 37(A), 38(1)(2), 41 of the Bihar Prohibition and Excise Act , 2016 has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that it is a peculiar case in which only one bottle of 750 ml Indian make foreign liquor was recovered from a hotel and petitioner has been made accused on the ground that his motorcycle was lying outside the hotel. Learned counsel for the petitioner has

Patna High Court Cr.Misc. No.42768 of 2017(2) dt.21-09-2017 2/2 also drawn my attention to the statement made in paragraph -3 of the petition to show petitioner is having clean antecedent. Considering the nature of accusation and clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Indra Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge II - cum - Special Judge, Excise Act, Sitamarhi / concerned court in connection with Nanpur P.S. Case No. 86 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 .

(Rakesh Kumar, J) praful/- U T