Doman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45335 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================

1. Doman Kumar S/ Ganga Bhagat resident of Village Mathana Milk P.S. Goraul, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Sections 272 and 273 of the Indian Penal Code and 47(A) of the Excise Act.

The allegation against the petitioner is that seized article is said to be of the petitioner.

It has been submitted on behalf of the petitioner that on the basis of confessional statement of accused driver of the vehicle, name of the petitioner has transpired and in similar circumstances, anticipatory bail of other co-accused has been granted vide order dated 17.9.2016 passed in Cr.Misc.No. 38287 of 2016.

Patna High Court Cr.Misc. No.45335 of 2016 (2) dt.15-12-2016 Heard learned APP appearing for the State who opposed the bail.

Having heard both sides and in view of the fact that similarly situated co-accused against whom the allegation is similar, has been granted anticipatory bail, 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 52 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioner will cooperate with the investigation of the case. (Vinod Kumar Sinha, J) A.I./- U