Feku Das @ Faiku Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14067 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -ANDHRAMATH District- MADHUBANI ======================================================

1. FEKU DAS @ FAIKU DAS Son of Late Shyam Das, resident of villageNarendrapur, P.S. Andhramath, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Andhra Math Police Station Case No. 17 of 2016, disclosing offence under Section 47(a) of the Excise Act.

It is alleged that from the petitioner's shop, 25 bottles of country liquor were recovered.

Learned Counsel for the petitioner has submitted that the petitioner does not deal with country liquor or any liquor and he runs a business of footwear. She submits that the petitioner has no criminal antecedent and he has been implicated at the instance of the local

Patna High Court Cr.Misc. No.14067 of 2016 (2) dt.18-04-2016 2/2 chowkidar with whom he had enmity.

Considering the fact that the petitioner has no criminal antecedent and it is the first time that he has been implicated in a case for offence punishable under Section 47 (a) of the Excise Act, this application is allowed. Let the petitioner, Feku Das @ Faiku Das, 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, Jhanjharpur, Madhubani, in connection with Andhra Math Police Station Case No. 17 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

Prabhakar Anand/- (Chakradhari Sharan Singh, J.) U √ T √