Patna High CourtCR. MISC./43578/2016bail granted

Divesh Kumar @ Devesh Kumar v. The State Of Bihar

2016-10-05Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43578 of 2016 Arising Out of PS.Case No. -95 Year- 2016 Thana -BAUSI District- PURNIA ====================================================== Divesh Kumar @ Devesh Kumar S/o Ashok Das Resident of Nikrail, P.S. Dagarua, District Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr.Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Baisi P.S. Case No.95 of 2016 for the offence under Section 273 of I.P.C. and Section 47A of the Bihar Excise Amendment Act, 2016.

Accusation is that in course of patrolling in the night of 27.6.2016 at 3.30 A.M. 174 bottles of Royal Stag whisky containing 1 liter each kept in seven sacks were recovered from dickey of Sumo Gold vehicle bearing Registration No.BR11M|2777 and two persons apprehended from the said Sumo Jeep who disclosed their name as Lalan Kumar and Anil Kumar and they disclosed the name of the petitioner who succeeded

Patna High Court Cr.Misc. No.43578 of 2016 (2) dt.05-10-2016 2/2 in fleeing away.

Learned counsel for the petitioner submits that the name of the petitioner has been disclosed by co-accused who are said to be apprehended by the police on spot. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the learned court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Purnea in Baisi P.S. Case No.95 of 2016 subject to the conditions as laid down under Section 438 (2) of Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U T