Patna High CourtCR. MISC./2266/2017allowed

Amit Singh @ Lambu @ Amit Kumar Singh v. The State Of Bihar

2017-02-15Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.2266 of 2017 (3) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2266 of 2017 Arising Out of PS.Case No. -231 Year- 2016 Thana -GANDHIMAIDAN District- PATNA ======================================================

1. AMIT SINGH @ LAMBU @ AMIT KUMAR SINGH, S/o Late Lal Singh, resident of Park Road, P.S.- Kadamkuan, Dist- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Gandhi Maidan P.S. Case No. 231 of 2016 registered for the offence punishable under Sections 47(A), 52(B) of the Bihar Excise (Amendment) Act, 2016.

According to the prosecution, 10 bottles each containing 750 M.L. of English wine were recovered from the possession of one Briju Kumar Sao.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. Merely on the basis of confession of co-accused, Briju Kumar Sao, who has been arrested on the spot and the alleged recovery

Patna High Court Cr.Misc. No.2266 of 2017 (3) dt.15-02-2017 has been made from his possession, name of this petitioner has been implicated in this case. Petitioner is doing a private job in Patna and he has no concern with the alleged occurrence. Hence, the petitioner deserves the privilege of anticipatory Bail. Considering the facts and circumstances of the case and the nature of allegation made against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of J.M.-1st Class, Patna in connection with Gandhi Maidan P.S. Case No. 231 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J.) brajesh/- U T