Patna High CourtCR. MISC./81434/2019partly allowed disposal

Gautam Singh @ Gautam Kumar v. The State Of Bihar

2019-12-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81434 of 2019 Arising Out of PS. Case No.-266 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

GAUTAM SINGH @ GAUTAM KUMAR S/o Manoj Singh @ Manju Singh R/o village- Nawada, P.S.- Chautham, District- Khagaria 2.

Golu Singh @ Golu Kumar Singh S/o Dhani Singh @ Dhaneshwar Singh R/o village- Nirpur, P.S.- Chautham, District- Khagaria 3.

Bhanu Singh S/o Sudhir Singh R/o village- Nirpur, P.S.- Chautham, DistrictKhagaria ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-12-2019 Heard counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Chautham P. S. Case No. 266 of 2019, G.R. No. 3310/2019 for offences under Sections 274, 275, 276, 419, 420, 467, 468/34 of the Indian Penal Code and 27(b)(ii), 27(d),28/28(A) of Drugs and Cosmetics Act, 2018 and 30(a) of Bihar Prohibition and Excise Act.

Considering the antecedent of the petitioner Nos. 1 and 2, learned counsel for the petitioners seeks permission to withdraw the application for grant of anticipatory bail on behalf of petitioner nos. 1 and 2, namely, Gautam Singh @ Gautam Kumar and Golu Singh @ Golu Kumar Singh. In view of the above, the anticipatory bail application on behalf of above named petitioner nos. 1 and 2 is

Patna High Court CR. MISC. No.81434 of 2019(2) dt.11-12-2019 2/2 permitted to be withdrawn.

In case they surrender and pray for regular bail before the court below, the court below is directed to consider the same on the same day.

So far as the petitioner No. 3, Bhanu Singh is concerned, learned counsel for the petitioners submits that nothing was recovered from the possession of this petitioner. He submits that the recovery was made from a motorcycle lying in the mango orchard.

Considering the fact that the petitioner No.3 has no criminal antecedent and nothing was recovered from his possession, let the petitioner No. 3, Bhanu Singh, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Khagaria in connection with Chautham P. S. Case No. 266 of 2019, G.R. No. 3310 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Anil Kumar Upadhyay, J) spandey/- U T