Pawan Bhagat @ Pawan Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68443 of 2018 Arising Out of PS. Case No.-129 Year-2017 Thana- RAJAOLI District- Nawada ====================================================== Pawan Bhagat @ Pawan Kumar Bhagat, Son of Late Satnarayan Prasad Bhagat, resident of Mohalla- Bartan Gali, Purani Bazar, Police StationNawada Town in the District of Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 129 of 2017 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The petitioner is not named in the first information report but in course of investigation, it came to light that seized motorcycle belonged to petitioner. However, learned counsel of the petitioner draws my attention towards paragraph 8 of the petition and submits that the motorcycle of the petitioner got stolen away on 03.06.2017 for which petitioner lodged Nawada Town P.S. Case No. 385 of 2017 and it appears that the

Patna High Court Cr.Misc. No.68443 of 2018(2) dt.17-12-2018 2/2 motorcycle of the petitioner was used by some miscreants after stealing the said motorcycle.

Petitioner does not have any criminal antecedents which is evident from perusal of para 3 of the petition. 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 Additional Sessions Judge-II-cum-Special Judge, Nawada in Rajauli P.S. Case No. 129 of 2017 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

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