Sikandar Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29569 of 2015 Arising Out of PS.Case No. -114 Year- 2015 Thana -CIVIL LINE District- GAYA ======================================================

1. Sikandar Kumar Gupta son of Moti Sao resident of Mohalla- Tutwa Bari Maksudpur Kothi, Police Station- Kotwali, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2015 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the bail application. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in a case registered under sections 272 and 273 of the Indian Penal Code and sections 47(F)/48 of the Excise Act.

According to the prosecution case, on secret information, police patrolling party stopped one pick up van and found two persons sitting on the vehicle. On an enquiry one disclosed his name as Manoj Kumar (Driver) and another Dinesh Kumar. (Khalasi). On enquiry they told that 16 bags Mahua flower has been loaded by one Sikandar Kumar Gupta and told to

Patna High Court Cr.Misc. No.29569 of 2015 (2) dt.28-07-2015 2/3 unload on his house. On demand of paper they did not produce anything.

On behalf of the petitioner it has been submitted that a vehicle loaded with Mahua flower was intercepted by the police. The driver and Khalasi of the said vehicle disclosed the name of this petitioner. Petitioner denied the allegation. . Except the statement of co-accused there is no evidence against the petitioner.

On behalf of the State it is submitted that the petitioner is named in the first information report. Considering the aforesaid facts, the above named petitioner in the vent of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in Civil Lines P.S. Case No. 114 of 2015, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Sudhir Singh, J) M.Rahman/- U T

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