Patna High CourtCR. MISC./78554/2018bail granted

Roshan Kumar @ Raushan Kumar Singh v. The State Of Bihar

2019-01-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78554 of 2018 Arising Out of PS. Case No.-258 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Roshan Kumar @ Raushan Kumar Singh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey, Advocate For the Opposite Party/s :

Smt. Renuka Ratnakar,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Baikunthpur P.S.Case No. 258 of 2018, registered for offences punishable under Sections 30 (a), 41, 32 (b) ii, 38 (I) of the Bihar Prohibition and Excise Act.

Allegation as per F.I.R. against the petitioner is that police seized the vehicle and during search of vehicle, another person fled away and in the meantime on the order of SHO, the vehicle has been released.

Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and the petitioner was neither apprehended on the spot nor any thing has been recovered from his conscious possession. It is also submitted that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.78554 of 2018(2) dt.09-01-2019 2/2 Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioner in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge, Excise, Gopalganj in connection with Bainkunthpur P.S.Case No. 258 of 2018, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure with conditions that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) sudha/- U T