Patna High Court - Orders
Chhotu @ Vikash Kumar vs The State Of Bihar on 20 November, 2019
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60589 of 2019
Arising Out of PS. Case No.-98 Year-2019 Thana- SAKRA District- Muzaffarpur
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1. CHHOTU @ VIKASH KUMAR S/o Vijay Singh R/o village- Rampur
Bhasaun, P.S.- Sakra, District- Muzaffarpur
2. Shubham @ Nanhe @ Shubham Kumar S/o Vijay Singh R/o village-
Rampur Bhasaun, P.S.- Sakra, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Hari Kishore Thakur
For the Opposite Party/s : Mr.Aditya Narayan Singh.1
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
3 20-11-2019Heard learned counsel for the parties.
Petitioners are apprehending their arrest in connection with Sakra P.S.Case No.98 of 2019 , registered for offences punishable under Sections 147, 148, 149, 114, 115, 341, 323, 353, 427, 504, 506, 272 and 273 of the Indian Penal Code and Section 30(a) and 41 of the Bihar Prohibition and Excise Act.
As per FIR, police on information of carrying of liquor by truck seized the truck, recovered huge quantity of liquor and when the police proceeded the petitioners and other accused persons attacked the police party .
Submission of the learned counsel for the petitioners is that there is general and omnibus allegation . He ha so criminal Patna High Court CR. MISC. No.60589 of 2019(3) dt.20-11-2019 2/2 antecedent and considering the same three accused persons have been granted privilege of the anticipatory bail, vide order dated 24.9.2019 passed in Cr. Misc. No.60519 of 2019 .
Heard learned A.P.P. ,w ho has opposed the prayer for bail on the ground that the petitioners have attacked the police party. No doubt the allegation is serious in nature but considering the fact that the other co-accused have been granted privilege of anticipatory bailbail by a co-ordinate Bench of this Court, let the petitioners, above named, surrender before the learned court below within a period of three weeks from the date of receipt of the order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Sakra P.S.Case No.98 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the above direction, this application is allowed.
(Vinod Kumar Sinha, J) chn/-
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