Kaushalendra Kumar @ Kaushlendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67336 of 2018 Arising Out of PS. Case No.-249 Year-2017 Thana- BIKRAM District- Patna ====================================================== Kaushalendra Kumar @ Kaushlendra Singh Son of Sri Shiddeshwar Sharma @ Sudheshwar Singh@ Bhutwan Singh Resident of Village Tarwan, Police Station- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lovekush Kumar For the Opposite Party/s :

Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Bikram P.S. Case No. 249 of 2017 registered for the offences punishable under Section 30(A) of Bihar Prohibition & Excise Act, 2016.

One Bolero vehicle was intercepted and in huge quantity Indian made foreign liquors were recovered from the aforesaid vehicle. Two persons were caught and accordingly, the present case was registered. However, the impugned order goes to show that subsequently, confessional statement of co-accused Pintu Kumar Yadav was recorded and the name of this petitioner surfaced in confessional statement of co-accused Pintu Kumar

Patna High Court Cr.Misc. No.67336 of 2018(2) dt.03-12-2018 2/2 Yadav. However, it is surprising enough that the informant claimed to have apprehended the co-accused Pintu Kumar Yadav at the time of alleged recovery but the said Pintu Kumar Yadav did not disclose the name of this petitioner at the time of his arrest.

No doubt, petitioner carries criminal antecedent of offence of similar nature but considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna in Bikram P.S. Case No. 249 of 2017, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T