Suman Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.34922 of 2018 (2) dt.20-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34922 of 2018 ====================================================== Suman Kumar son of Sri Lalan Prasad Singh, Resident of village- Jabalpur, P.S.- Rupaspur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shama Sinha, Adv. For the Opposite Party/s : Mr. Ram Bilas Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Rupaspur Police Station Case No. 111 of 2018, disclosing offences under Sections 120(b)/290 of the Indian Penal Code and Section 25(1-b)a Arms Act and Section 30(a), 38(i) and 41(i) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged recovery of foreign liquor was recovered from the flat of the petitioner which has already been rented out to one Sonu Kumar, which is evident from annexure-2 and the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. Hence, the petitioner

Patna High Court Cr.Misc. No.34922 of 2018 (2) dt.20-06-2018 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) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna in connection with Rupaspur Police Station Case No. 111 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T