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Patna High CourtCR. MISC./50076/2018allowed

Vinod Kumar Gupta @ Vinod Gupta v. The State Of Bihar

2018-08-14Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.50076 of 2018 (2) dt.14-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50076 of 2018 Arising Out of PS.Case No. -102 Year- 2018 Thana -BIRPUR District- SUPAUL ======================================================

1. Vinod Kumar Gupta @ Vinod Gupta, Son of Hari Prasad Gupta @ Hari Shankar Prasad Gupta, resident of Bhimnagar, Police Station- Birpur, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun, Adv. For the Opposite Party/s : Mr. Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-08-2018 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. 03 of 2018 arising out of Birpur P.S. Case No. 102 of 2018 disclosing offences under Sections 120B of the Indian Penal Code and Section 27b(ii) of the Drug & Cosmetic Goods Act & Section 23(a) of the N.D.P.S. Act. 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 65 of cough syrup has been recovered from the alleged vehicle, which does not come under the purview of N.D.P.S. Act. Moreover, neither the petitioner is driver nor is the owner of the vehicle but his name

Patna High Court Cr.Misc. No.50076 of 2018 (2) dt.14-08-2018 has been surfaced in this case on the basis of confessional statement of the co-accused. Hence, the petitioner 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 District & Sessions Judge, Supaul, in connection with Special Case No. 03 of 2018 arising out of Birpur Police Station Case No. 102 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T