Shubham Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.34441 of 2018 (2) dt.19-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34441 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -BACHWARA District- BEGUSARAI ======================================================

1. Shubham Kumar, son of Late Shatrudhan Chaudhary, resident of VillageFateha, P.S.- Bachhwara, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1, Adv. For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bachhwara Police Station Case No. 17 of 2018, disclosing offences under Sections 30(A) of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged recovery of 90 liters of foreign liquor was made from the vehicle bearing Reg. No. BR-33D-3286, which is evident from seizure list and the petitioner has no concern with the alleged recovery and vehicle in question. Nothing has been recovered from the conscious possession of the petitioner. Moreover, the petitioner has been

Patna High Court Cr.Misc. No.34441 of 2018 (2) dt.19-06-2018 made accused in this case on the basis of confessional statement of the co-accused, Sumit Kumar Chaudhary. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond 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, Begusarai, in connection with Bachhwara Police Station Case No. 17 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T