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Patna High CourtCR. MISC./49669/2016bail granted

Navin Kumar v. The State Of Bihar

2016-12-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49669 of 2016 Arising Out of PS.Case No. -341 Year- 2016 Thana -SHERGHATI District- GAYA ======================================================

1. Navin Kumar son of Raghunandan Prasad, Resident of VillageBhusbhusia, Police Station-Sherghati, District-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of anticipatory bail for the offences under Sections 272 and 273 of the Indian penal Code and 47(a) of Bihar Excise(Amendment) Act, 2016. The allegation against the petitioner is that 30 Kg. Mahua flower has been recovered from his house. It has been submitted on behalf of the petitioner that Mahua flower was not seized from the conscious possession of the petitioner rather recovery was made from his joint house. Heard learned A.P.P. appearing for the State, who could not controvert this fact.

Having heard both sides and in view of the fact that

Patna High Court Cr.Misc. No.49669 of 2016 (2) dt.19-12-2016 2/2 there is recovery of only 30 Kg. Mahua flower, let, above named petitioner, in the event of his arrest/surrender in 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 A.C.J.M., Sherghati at Gaya, in connection with Sherghati P.S.Cae No.341 of 2016, subject to the conditions as laid down u/s 438(2) Cr.P.C. and with a further condition that the petitioner will co-operative in the investigation as and when required by the police.

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