Devendra Singh @ Devendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24423 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -CHIKSAUR District- NALANDA (BIHARSHARIFF) ====================================================== Devendra Singh @ Devendra Mahto, Son of Shiv Narayan Singh, Resident of Village- Korawan, P.S.- Chiksaura, District- Nalanda. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioner : Mr. Rajeev Kumar, Advocate. For the Opposite Party : Mr. Awadhesh Kr.Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-08-2016 Heard both sides.
The petitioner apprehends his arrest in Chiksaura P. S. Case No. 46 of 2016 registered under Sections 270 and 290 of the Indian Penal Code and Section 47 of Bihar Excise (Amendment) Act, 2016.
The police got information that Devendra Singh @ Devendra Mahto forcibly occupied a room in the house of Most. Bindumati Devi and on search of the house of the Bindumati Devi, different brands of foreign liquor was recovered. It is submitted that the petitioner has not occupied the room in the house of the Most. Bindumati Devi. The foreign liquor was recovered from the house of the Bindumati Devi and
Patna High Court Cr.Misc. No.24423 of 2016 (4) dt.09-08-2016 2/2 not from the conscious possession of the petitioner or from his house, but the police has falsely implicated the petitioner in order to save Bindumati Devi.
Considering the facts aforesaid that nothing has been recovered from the conscious possession of the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in Chiksaura P. S. Case No. 46 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J.) Mishra/- U T