Patna High CourtCR. MISC./22188/2017bail granted

Ritesh Kumar v. The State Of Bihar

2017-07-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22188 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Ritesh Kumar Son of Mahakant Sah Resident of Village- Bihariganj, Ward No. 12, P.S. Bihariganj, District- Madhepura .... Petitioner

Versus

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

For the Petitioner : Mr. Vikram Singh, Adv. For the Opposite Party : Mr. Abhay Kumar Roy, APP 229 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-07-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 414 of the Indian Penal Code and 30(9) of the Bihar Prohibition and Excise Act, 2016.

From possession of co-accused, Amit Kumar, foreign liquor was recovered. Amit Kumar stated to the police that the petitioner had supplied the same to him.

Submission of the learned counsel for the petitioner is that confession before police of co-accused is no evidence against the petitioner. There is no other material against the petitioner. The petitioner has got no criminal antecedent. Hence, there is no specific accusation against the petitioner as bar under 76 of the Bihar Prohibition and Excise Act, 2016, is not applicable.

Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection

Patna High Court Cr.Misc. No.22188 of 2017 (4) dt.01-07-2017 2/2 with Bihariganj P.S. Case No. 99 of 2017 to the satisfaction of Mr. Abhimanyu Kumar, Judicial Magistrate, 1st Class, Madhepura, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √