Patna High CourtCR. MISC./22633/2017allowed

Chhotu Rai @ Abhishek Kumar And ANR v. The State Of Bihar

2017-08-22Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.22633 of 2017 (4) dt.22-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22633 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Chhotu Rai @ Abhishek Kumar, son of Lal Bahadur Rai @ Lalo Rai,

2. Manish Kumar @ Mintu Rai @ Manish, son of Lal Bahadur Rai @ Lalo Rai, Both resident of Village- Gangapur, P.S.- Tajpur (Waini O.P.), DistrictSamastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-08-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Tajpur (Waini O.P.) Police Station Case No. 63 of 2017, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 47(A)/57 of the Bihar Excise Amendment Act and also Section 38(i)(ii)/47 of the Bihar Prohibition of Liquor and Excise Act.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, is innocent and have not committed any offence. In fact, nothing has been recovered from the conscious possession of the petitioners and

Patna High Court Cr.Misc. No.22633 of 2017 (4) dt.22-08-2017 the petitioners have falsely been implicated in this case. Hence, the petitioners who are of clean antecedent deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Samastipur in connection with Tajpur (Waini O.P.) Police Station Case No. 63 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T