Patna High Court - Orders
Aman Kumar @ Arun Kumar Rai vs The State Of Bihar on 30 November, 2017
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56383 of 2017
Arising Out of PS.Case No. -201 Year- 2016 Thana -DANAPUR District- PATNA
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1. Aman Kumar @ Arun Kumar Rai, S/o Pancham Rai, R/o Mainpura, P.S.-
Danapur, Distt- Patna, at present Grand Square, Company Bagh, P.S.-
Danapur, Distt- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha
For the Opposite Party/s : Mr. Sri Anish Chandra
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
2 30-11-2017Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in Special Case No. 2047 of 2017 (G.R. No. 1428 of 2016) arising out of Danapur P.S. Case No. 201 of 2016 instituted for the offence under Sections 268, 272, 284, 419, 420/34 of the Indian Penal Code and Section 47(A), 50, 51, 63 of the Bihar Excise Amended Act, 2016.
Counsel for the petitioner has submitted that the petitioner is not the owner of the premises from which the empty bottles of Army illegal wine, spirit of different brands, sugar, and rappers etc. as mentioned in the seizure list have been recovered. The name of this petitioner was disclosed by two persons, who have been arrested namely, Ravikant Prasad and Binod Ram. They disclosed before the police that they are working in collusion with Patna High Court Cr.M isc. No.56383 of 2017 (2) dt.30-11-2017 2/3 this petitioner, who is landlord and one Awadhesh Kumar. Counsel for the petitioner has further submitted that the said recovery was made from the house of one Deepak Kumar. The co- accused namely Awadhesh Kumar, Ravi Kant Prasad @ Feku and Binod Rai @ Binod Ram have been allowed bail by co-ordinate Bench of this Court by order dated 08.09.2016, 11.11.2016 and 20.11.2016 passed in Criminal Miscellaneous Nos. 34611, 38503 and 38035 of 2016.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Special Case No. 2047 of 2017 arising out of Danapur P.S. Case No. 201 of 2016 to the satisfaction of learned Special Judge, Excise, Patna, subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable Patna High Court Cr.M isc. No.56383 of 2017 (2) dt.30-11-2017 3/3 reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) ajay gupta/-
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