Patna High CourtCR. MISC./75621/2018bail granted

Sunny Singh @ Rohit Kumar v. The State Of Bihar

2018-12-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75621 of 2018 Arising Out of PS. Case No.-445 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Sunny Singh @ Rohit Kumar, S/o Ashok Kumar Singh @ Ashok Singh, Resident of Village- Khuti, P.S- Hunterganj, Distt.- Chatara, Jharkhand. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2018 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in Sherghati (Dobhi) PS Case No. 445 of 2018 registered under Sections 272, 273, 414/34 IPC and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

FIR alleges recovery of 108 litres bear kept in 500 ml bottles from a tempo.

Learned Counsel for the petitioner submits that the petitioner has not been apprehended on the spot and only upon disclosure of co-accused Akash Kumar he has been implicated. He has no criminal antecedent and it is submitted that the recovery is not in compliance of Section 100 Cr.P.C. Considering the aforesaid submissions as also the

Patna High Court Cr.Misc. No.75621 of 2018(2) dt.19-12-2018 2/2 facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of his arrest or surrender before the court below within four weeks from today, let the petitioner above named 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 Special Judge (Excise Act), Gaya in Sherghati (Dobhi) PS Case No. 445 of 2018 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code.

(Madhuresh Prasad, J) SNkumar/- U T