Kamlesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 37650 of 2018 Arising Out of PS. Case No.-151 Year-2017 Thana- Katra District- Muzaffarpur ====================================================== Kamlesh Ray, S/o Mishri Lal Ray, Resident of Village- Maheshwara, P.S.- Aurai, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar For the Opposite Party/s :
Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
03-07-2018 Heard Sri Sunil Kumar, learned counsel for the petitioner and Dr. Ravindra Kumar, learned Addl. Public Prosecutor.
The sole petitioner, apprehending his arrest in Katra P.S. Case No. 151 of 2017 registered for offence under Sections 272, 273 of the Indian Penal Code and Sections 30(A), 36 & 38 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail.
At the very outset, learned counsel for the petitioner has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. He further submits that in this case, petitioner has falsely been implicated, as if, from the dicky of motorcycle, there was recovery of 750 ml. Indian make foreign liquor. Learned counsel for the petitioner specifically has placed entire
Patna High Court Cr.Misc. No.37650 of 2018(2) dt.03-07-2018 2/2 F.I.R. to show as to how the petitioner was falsely implicated in the present case.
Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail.
Considering the fact that petitioner is having clean antecedent as well as the fact disclosed in the F.I.R., I am of the opinion that it is a fit case for extending the privilege of anticipatory bail.
In the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Kamlesh Ray 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 Special Judge, Excise Act, Muzaffarpur in connection with Katra P.S. Case No. 151 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