Pardip Kumar Sinha @ Pratick Kumar Sinha @ Chhtu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87295 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- VISHNUPAD District- Gaya ====================================================== 1.
PARDIP KUMAR SINHA @ PRATICK KUMAR SINHA @ CHHTU, 2.
Nikhil Kumar Sinha @ Nikhil Sinha, Son of Late Dilip Sinha, Both are Residents of Mohalla - Nawagadhi, Police Station- Vishnupad, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrigendra Pratap Singh For the Opposite Party/s :
Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-02-2020 Heard learned senior counsel assisted by Mrigendra Pratap Singh and learned APP for the State.
Learned counsel for the petitioner submits that the petitioner no. 1 has not been pressed this application due to arrest.
The application on behalf of the petitioner no.1 has become infructuous as he has already been arrested. The petitioner no. 2 is apprehending his arrest in a case registered for the offence punishable under Section 30 (A) of the Bihar Prohibition Amendment Excise Act, 2018. Learned counsel for the petitioner submits that there is recovery of 4.29 liters of foreign liquor from the abandoned
Patna High Court CR. MISC. No.87295 of 2019(2) dt.18-02-2020 2/2 house of the petitioner no. 2. There is no recovery from the conscious possession of the petitioner no. 2 and there is no specific allegation against the petitioner no. 2. The petitioner no.2 has no criminal history.
In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner no. 2, subject to deposit of Rs. 1,000/- in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Gaya, in connection with Vishnupad P.S. Case No. 232 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) amitkumar/- U T