← Library
Patna High CourtCR. MISC./35139/2018allowed

Rohit Kumar @ Virendra Rai @ Guddu Rai @ Guddu v. The State Of Bihar

2018-06-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.35139 of 2018 (2) dt.20-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35139 of 2018 ====================================================== ROHIT KUMAR @ VIRENDRA RAI @ GUDDU RAI @ GUDDU son of Vinod Rai @ Ram Binod Roy, Resident of village- Kalyan Tole Chandchour, P.S.- Ujiyarpur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh, Adv. For the Opposite Party/s : Mr. Sunil Kumar Pandey, 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 Dalshingsarai Police Station Case No. 58 of 2018, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a), 38(1), 38(2), 41(1) and 47 of the Bihar Prohibition of Liquor 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 alleged recovery of foreign liquor was made from the godown, which is evident from seizure list and the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. Hence, the petitioner

Patna High Court Cr.Misc. No.35139 of 2018 (2) dt.20-06-2018 deserves the privilege of 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 3rd Additional Sessions Judge-cum- Special Judge, Excise Act, Samastipur, District Samastipur in connection with Dalsingsarai Police Station Case No. 58 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T