Patna High CourtCR. MISC./57253/2018bail granted

Hari Bhushan Pandey v. The State Of Bihar

2018-09-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57253 of 2018 Arising Out of PS.Case No. -17 Year- 2017 Thana -SURYAPUR District- SASARAM (ROHTAS) ====================================================== Hari Bhushan Pandey, Son of Krishna Pandey, resident of Kharoj P.S. Suryapura, District- Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Suryapura P.S. Case No. 17 of 2017 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(A) of Bihar Excise Prohibition Act, 2016. The alleged recovery is said to have been made from the house of F.I.R. named accused Gautam Pandey and the first information report reveals that the informant learnt from the local people that petitioner was also involved in selling liquor. Petitioner does not have any criminal antecedent, which is evident from perusal of Para 3 of the petition.

Learned counsel for the petitioner submits that no

Patna High Court Cr.Misc. No.57253 of 2018 (2) dt.20-09-2018 2/2 doubt, F.I.R. named accused Gautam Pandey happens to be brother of the petitioner but as a matter of fact, petitioner resides separately from his brother.

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, Excise, Rohtas at Sasaram in Suryapura P.S. Case No. 17 of 2017 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

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