Patna High CourtCR. MISC./35016/2018allowed

Manoj Kumar v. The State Of Bihar

2018-06-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.35016 of 2018 (2) dt.20-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35016 of 2018 ====================================================== Manoj Kumar son of Kailash Singh, Resident of village- Gulmahiya Bagh, P.S.- Nadi, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. M.K. Pandey, Adv. For the Opposite Party/s : Mr. Bisheshwar Ram, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Special Case No. 7117 of 2017 arising out of Nadi P.S. Case No. 95 of 2017, disclosing offences under Sections 420/34 of the Indian Penal Code and Section 11 of the Bengal Police Gambling Act, 1867 and Section 37(c) of the Bihar Prohibition and 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 petitioner has not been named in the F.I.R. Neither any witnesses have disclosed the name of the petitioner nor anything incriminating has been recovered from the conscious possession of the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.35016 of 2018 (2) dt.20-06-2018 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 Special Judge, Excise, Patna, in connection with Special Case No. 7117 of 2017 arising out of Nadi Police Station Case No. 95 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T