Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10975 of 2017 Arising Out of PS.Case No. -169 Year- 2016 Thana -PHULWARIA District- BEGUSARAI ====================================================== Pintu Kumar, Son of Binod Rai, Resident of Village/Mohalla- Gaura, P.S.- Teghra, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur Mrs. Babita Kumari & Mr. Shoshank Shekhar, Advocates.

For the Opposite Party/s : Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Fulwaria P.S. Case No. 169 of 2016 for the offences punishable under sections 272, 273 and 290 of the I.P.C and sections 30, 35 and 38 of the Bihar Excise (Amendment) Act, 2016.

Allegedly, 161 cartoons of Royal Stag Foreign liquor was recovered and Ajit Singh and Bal Krishna Singh were apprehended and it is alleged that the petitioner and others succeeded in fleeing away and they are involved in the liquor business.

Patna High Court Cr.Misc. No.10975 of 2017 (2) dt.18-03-2017 2/2 Submission is of false implication and that how the informant came to know the name of the petitioner and others is not disclosed in the First Information Report, the persons who have been apprehended has not stated the name of the petitioner and others, there is no presumption against the petitioner and others as they are not the family members or having any concern with the said truck or the Chimni.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, considering that the name of the petitioner has been disclosed by the informant himself and as such the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. Judicial Magistrate, 1st Class, Begusarai in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T