Patna High CourtCR. MISC./30865/2018allowed

Dharamveer Kumar v. The State Of Bihar

2018-06-04Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.30865 of 2018 (2) dt.04-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30865 of 2018 Arising Out of PS.Case No. -261 Year- 2017 Thana -MALSALAMI District- PATNA ======================================================

1. Dharamveer Kumar S/o Tunnu Gop @ Tuni Gop, R/o Mansurganj, Tyagi Baba Ka Mandir, P.S.- Malsalami, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Adv. For the Opposite Party/s : Mr. Smt Renu Kumari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-06-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Malsalami Police Station Case No. 261 of 2017, disclosing offences under Sections 272 and 273/34, of the Indian Penal Code and 30(a) of the Bihar Excise Amendment Act, 2016.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the alleged recovery of country-made Mahua liquor was recovered from the bank of river Ganga, which is evident from seizure list and the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious

Patna High Court Cr.Misc. No.30865 of 2018 (2) dt.04-06-2018 possession of the petitioner. Hence, the 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) each with two sureties of the like amount each to the satisfaction of learned A.D.J. - IX - cum - Special Judge, Excise, Patna, in connection with Malsalami Police Station Case No. 261 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T