Bimlesh @ Langda And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.8455 of 2017 (3) dt.22-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8455 of 2017 Arising Out of PS.Case No. -213 Year- 2016 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================

1. Bimlesh @ Langda Son of Khulhuli Raut @ Ram Das Bari.

2. Bauna Son of Khulhuli Raut @ Ram Das Bari, Both residents of village- Dibra, P.S.- Bikramganj, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Adv. For the Opposite Party/s : Mr. Sri Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bikramganj Police Station Case No. 213 of 2016, disclosing offences under Sections 37(C)(D) of the Bihar Excise Amendment Act, 2016.

As per prosecution case, one Chandan Kumar who is said to have in drunken position, was apprehended by the police and disclosed the name of this petitioner, who is said to be engaged in illegal dealing of liquor.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has been made

Patna High Court Cr.Misc. No.8455 of 2017 (3) dt.22-06-2017 accused in this case on the basis of statement of co-accused, Chandan Kumar. Nothing has been recovered from the conscious possession of the petitioner. Moreover, not a single witness has supported the implication of the petitioner in the alleged dealing of liquor. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.J.-1st-cum- A.C.J.M., Bikramganj, in connection with Bikramganj Police Station Case No. 213 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T