Kanhaiya Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45587 of 2017 Arising Out of PS.Case No. -252 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Kanhaiya Prasad Gupta, S/o-Bhagwan Das Gupta, Resident of VillagePunjabi Mohalla, Police Station-Kabaiya, O.P. District-Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar, Advocate. For the Opposite Party/s : Smt. Sahin Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Lakhisarai (Kabaiya) P.S. Case No. 252 of 2017 instituted for the offence under Sections 30(a), 32(c) and 38(b) of Bihar Prohibition and Excise Act, 2016.

It is alleged that recovery is made from shop of Biru Modi which is taken on rent from the petitioner. In the seizure list also it is mentioned that recovery has been made from the shop of Biru Modi.

It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.45587 of 2017 (4) dt.13-11-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Lakhisarai (Kabaiya) P.S. Case No. 252 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. IInd-cum Special Judge, Lakhisarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T