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Patna High CourtCR. MISC./28821/2017allowed

Biru Kumar @ Sunni Kumar v. The State Of Bihar

2017-07-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.28821 of 2017 (2) dt.18-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28821 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -ATHMALGOLA District- PATNA ====================================================== Biru Kumar @ Sunni Kumar Son of Anil Singh @ Nanho Singh, Resident of Village- Karjahi, P.S.- Athmalgola, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar, Adv. For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Athmalgola Police Station Case No. 02 of 2017, disclosing offences under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

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 name of this petitioner has been surfaced in this case merely on suspicion, which is evident from the F.I.R. itself and nothing has been recovered from the conscious possession of the petitioner. Hence, the petitioner, who is said to be an student, deserves the privilege of

Patna High Court Cr.Misc. No.28821 of 2017 (2) dt.18-07-2017 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 Sub-Divisional Judicial Magistrate, Patna, in connection with Athmalgola Police Station Case No. 2 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T