Mantu Tiwari v. The State Of Bihar

Patna High Court Cr.Misc. No.9712 of 2015 (2) dt.12-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9712 of 2015 Arising Out of PS.Case No. -18 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictEAST CHAMPARAN(MOTIHARI) ======================================================

1. Mantu Tiwari Son of Late Nayan Tiwari .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar No.III For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Excise Case No. 18 of 2014 registered for the offence punishable under Section 47 A of the Excise Act.

Taking into consideration that the alleged recovery has neither been made from conscious possession of the petitioner nor from his house and admittedly, petitioner is resident of Village- Panday Tola Sihorwa, P.S. Sangrampur, District East Champaran whereas the alleged recovery was made from Village Fateh Tola, P.S. Kotwa, District East Champaran, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of

Patna High Court Cr.Misc. No.9712 of 2015 (2) dt.12-03-2015 receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in Excise Case No. 18 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T