Anil Kumar @ Anil Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 53718 of 2017 Arising Out of PS. Case No.-147 Year-2017 Thana- Lauriya District- West Champaran ====================================================== Anil Kumar @ Anil Gupta S/o Jamadar Prasad R/o Vill. - Dumari, P.S. Yogapatti, Distt. - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

09-11-2017 Heard Sri Bimlesh Kumar Pandey, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Lauriya P.S. Case No. 147 of 2017 registered for offence under Sections 272, 273, 420, 467, 468, 471, 120(B), 414 of the Indian Penal Code and Sections 30(a), 35(a), 36, 38, 41, 47 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail purely on parity. He submits that in the similar circumstances, one of the co-accused namely Mahendra Sah has been extended the privilege of anticipatory bail, vide order dated 17-10-2017 passed in Cr.Misc. No. 46922 of 2017. He further submits that even in the present case, save and except confessional statement of co-accused disclosing name of the petitioner, that too before police, there is no other material to

Patna High Court Cr.Misc. No.53718 of 2017(2) dt.09-11-2017 2/2 connect the petitioner. The submission made by learned counsel for the petitioner that one of the co-accused, having similar accusation, has been extended the privilege of anticipatory bail was not disputed by learned Addl. Public Prosecutor. Considering the fact that one of the co-accused, having similar circumstance, has been extended the privilege of anticipatory bail, there is no reason to refuse the same relief to the petitioner.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Anil Kumar @ Anil Gupta be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 147 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) anay U T