Patna High CourtCR. MISC./55037/2017bail granted

Deepak Kumar Singh v. The State Of Bihar

2017-11-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55037 of 2017 Arising Out of PS.Case No. -127 Year- 2017 Thana -DHARHARA District- MUNGER ====================================================== Deepak Kumar Singh, son of Sanjay Singh, resident of village Shivkund, P.S. Dharhara, District Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kamal Kishore Jha, Advocate. For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Dharhara (Hemjapur) P.S. Case No. 127 of 2017 instituted for the offence under Sections 25(1-b) a, 26, 35 of the Arms Act, Sections 30 and 32 of Bihar Excise Prevention Act, 2016.

It is alleged that 8 bottles of foreign liquor has been recovered from the house of the petitioner and seizure list was prepared.

Learned counsel for the petitioner has submitted that police recovered foreign liquor from possession of Guddu Kumar who was apprehended by the police with liquor. He disclosed the name of this petitioner and, thereafter, the informant raided the house of the petitioner. The petitioner was not present in the house at the time of search. The name of this petitioner has been disclosed by Guddu

Patna High Court Cr.Misc. No.55037 of 2017 (2) dt.16-11-2017 2/2 Kumar It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Dharahara P.S. Case No. 127 of 2017, he 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 Additional Sessions Judge-V, Munger, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. S.