Vishwanath Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.9748 of 2017 (2) dt.16-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9748 of 2017 Arising Out of PS.Case No. -536 Year- 2012 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vishwanath Sah, s/o Late Ramchandra Sah, R/o Purani Bazar, P.S.- Motipur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. N.K. Agrawal, Senior Advocate. Mr. Dhananjaya Nath Tiwari, Advocate.

For the Opposite Party/s : Mr. Sri Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Turkaulia P.S. Case No. 536 of 2012 registered under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of the Excise Act. The accusation is that on receiving secret information about collecting the sprit by Dilip Rai and Deoki Singh for the purpose of preparing the illicit liquor, which was supplied by this petitioner, the police searched at the 'Bathan' of Dilip Rai and Deoki Singh, from where, five plastic dram, each containing 200 litres of sprit recovered.

Learned counsel for the petitioner submits that, in fact,

Patna High Court Cr.Misc. No.9748 of 2017 (2) dt.16-03-2017 petitioner is accused in 16 other cases as detailed in paragraph 3 of the petition due to that reason petitioner has falsely been implicated in this case and in the present case, petitioner is in custody since 19.12.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, in connection with Turkaulia P.S. Case No. 536 of 2012. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T