Patna High CourtCR. MISC./2259/2017allowed

Dharmnath Rai v. The State Of Bihar

2017-02-21Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.2259 of 2017 (3) dt.21-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2259 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -DERNI District- SARAN ======================================================

1. Dharmnath Rai, Son of Late Ram Janam Rai, Resident of Village- Pojhi, P.S.- Derni, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nalin Kumar For the Opposite Party/s : Mr. Awadesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Derni Police Station Case No. 131 of 2016, disclosing offences under Sections 30 of the Bihar Prohibition and Excise Act, 2016.

According to the prosecution, 30 packet liquor and 15 litres of spirit were recovered from the house of the petitioner.

Learned counsel for the petitioner has submitted that nothing has been recovered from the house of the petitioner, which is evident from F.I.R. and seizure list. The petitioner has falsely been implicated in this case due to village politics.

Patna High Court Cr.Misc. No.2259 of 2017 (3) dt.21-02-2017 Hence, the petitioner, who is of clean antecedent, 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 Chief Judicial Magistrate-VII, Saran in connection with Derni Police Station Case No. 131 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T