Bipin Sharma @ Bipin Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.10837 of 2018 (2) dt.27-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10837 of 2018 ====================================================== Bipin Sharma @ Bipin Kumar, Son of Mundrika Sharma, Resident of Village- Bauri, Police Station- Hulasganj and district- Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Hulasganj Case No. 08 of 2018 registered for the offences punishable under Sections 467, 468, 120(B) of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2106.

The allegation is regarding recovery of 285 liters of illicit liquor from the two vehicles.

The learned counsel for the petitioner submits that neither any recovery has been effected from the person of the petitioner nor the said vehicles belong to the petitioner. Considering the nature of accusation levelled against the petitioner herein as also the fact that prima facie no case is

Patna High Court Cr.Misc. No.10837 of 2018 (2) dt.27-02-2018 made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-IInd, Jehanabad in connection with Hulasganj P.S. Case No.08 of 2018, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. It is further directed that in case the petitioner is implicated in similar type of case henceforth, the present privilege of anticipatory bail shall stand cancelled automatically and the petitioner would be taken into custody henceforth. (Mohit Kumar Shah, J) BTiwary/- U T