Patna High CourtCR. MISC./60146/2018bail granted

Sudhir Kumar v. The State Of Bihar

2018-09-28Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60146 of 2018 Arising Out of PS. Case No.-47 Year-2017 Thana- BHIMPUR District- Supaul ====================================================== Sudhir Kumar, son of Late Hari Nandan Yadav, resident of village - Kumarkhand, P.O. - Madhepura, P.S. - Madhepura, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Vijay Bardhan Pandey For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-09-2018 Heard Sri Vijay Bardhan Pandey, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, apprehending his arrest in connection with Bhimpur P.S. Case No. 47 of 2017 , registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner at the very outset has drawn my attention to the statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. It has also been argued that motorcycle from which about 5.46 liters of Indian make foreign liquor was shown to be recovered was virtually sold by the petitioner two years back and petitioner has been made accused only on the ground that

Patna High Court Cr.Misc. No.60146 of 2018(2) dt.28-09-2018 2/2 vehicle was registered in D.T.O. Office in the name of petitioner.

Be that as it may, 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 Sudhir 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 A.D.J. - II- cum- Special Judge, Excise, Supaul / concerned court in connection with Bhimpur P.S. Case No. 47 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