← Library
Patna High CourtCR. MISC./78140/2018disposed

Deepak Kumar @ Aukat Kumar @ Ankit Kumar And ANR v. The State Of Bihar

2019-01-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78140 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- BANGAWON District- Saharsa ======================================================

1. DEEPAK KUMAR @ AUKAT KUMAR @ ANKIT KUMAR, S/o Sri Manoj Kumar Yadav @ Manoj Kumar,

2. Sukumar Yadav @ Sukmar Yadav @ Sukesh Kumar S/o Phuleshwar Yadav , Both R/o Vill.- Balha, P.S.- Bangaon & District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Prasad Singh For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2019 Learned counsel for the petitioners submitted that he is not pressing the application of anticipatory bail so far petitioner no.1 is concerned.

As such, this application, so far petitioner no.1 is concerned is dismissed as withdrawn.

This is an application for grant of anticipatory bail in connection with Bangaon P.S. Case No. 97 of 2018, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation is of recovery of 24 pieces bottle of Royal Stag foreign liquor, each containing 375 ml, from the house of petitioner no.1.

Submission of learned counsel for the petitioners is

Patna High Court Cr.Misc. No.78140 of 2018(2) dt.07-01-2019 2/2 that nothing has been recovered from the house of petitioner no.2 and he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, so far petitioner no.2 is concerned, this application is allowed. Let petitioner no.2, 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) at Saharsa, in connection with Bangaon P.S. Case No. 97 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T