Ram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 36010 of 2018 Arising Out of PS. Case No.-256 Year-2017 Thana- Bakhtiyarpur District- Saharsa ====================================================== Ram Kumar, Son of Taj Narayan Verma @ Tej Narayan Singh, Resident of Mohalla- Bharti Jay Nagar, Ward No.26, P.S. & District- Saharsa, at present residing at Mohalla- Kachaut, Ward No.10, P.S.- Salkhua, District- Saharsa. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subesh Sharma For the Opposite Party/s :
Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
28-06-2018 Heard Sri Subesh Sharma, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, having clean antecedent which fact has been stated in paragraph - 3 of the petition apprehending his arrest in Bakhtiyarpur (BKP) P.S. Case No. 256 of 2017 registered for offence under Sections 279, 337, 338, 353 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.
Learned counsel for the petitioner, by way of referring to F.I.R., submits that it is a peculiar case, in which, without any rhyme and reason, petitioner has been arrayed as one of the accused, as if, he was sitting in the middle of the
Patna High Court Cr.Misc. No.36010 of 2018(2) dt.28-06-2018 2/2 vehicle, which was never intercepted and it was alleged, as if, from the vehicle, two plastic bags were thrown and from that plastic bags, huge quantity of Mashaledar liquor was shown to be recovered.
Besides hearing, I have perused the F.I.R. and after going through the same, I am of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Ram Kumar be enlarged 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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saharsa in connection with Bakhtiyarpur (BKP) P.S. Case No. 256 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J.) anay U T