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Patna High CourtCR. MISC./13248/2017bail granted

Pitamber Sahani And ANR v. The State Of Bihar

2017-03-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13248 of 2017 Arising Out of PS.Case No. -566 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pitamber Sahani, Son of Late Shankar Sahani, resident of VillageJaisingh Pur Magnua P.S.- Turkauliya, District- East Champaran.

2. Mahendra Sahani, Son of Late Atibal Sahani, resident of VillageJaisingh Pur Mesra P.S.- Turkauliya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in custody for offences punishable under Sections 272/273 of the Indian Penal Code and Sections 30(a)/36/37(2)/38(1)/38(2) of the Bihar Excise (Amendment) Act, 2016.

From possession of the petitioners separately twenty liters of liquor was allegedly recovered. The petitioners have stated on oath that they have got no criminal antecedent and they are in custody since 17.11.2016.

Considering the aforesaid facts, let petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court Cr.Misc. No.13248 of 2017 (2) dt.27-03-2017 2/2 (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya P.S. Case No.566 of 2016, with condition that petitioners shall file undertaking at the time of furnishing of the bail-bond before the Court-below that they would not indulge themselves in such activity otherwise the Court below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case.

(Birendra Kumar, J) Mkr./- U T