Tarni Uraon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15838 of 2016 Arising out of PS.Case No. -18 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictPURNIA ====================================================== Tarni Uraon, Son of Late Michu Uraon, resident of Village - Aaina Mahal, Police Station - Sadar, District - Purnea.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Vikram Singh, Advocate. For the Opposite Party : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with CI-18/2014 for the offences instituted under Section 47(a) of the Excise Act.
The prosecution story, in brief, is that on 15.03.2014, on confidential information, the S.I. of Excise Department alongwith armed force, conducted raid at the house of the petitioner. On seeing the raiding party, accused fled away from the place of occurrence. In presence of witnesses, present at the place of occurrence, the house of the petitioner was searched and during
Patna High Court Cr.Misc. No.15838 of 2016 (2) dt.16-05-2016 2/3 the search, recovered 20 liters illegal country made wine kept in two plastic jar cane containing 10 liters in each jar cane from the house. Accordingly, seizure list was prepared and a copy of seizure list was affixed at the Darwaja of the house. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. The alleged recovery is denied by the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case. It is further submitted that the petitioner is ready to deposit an amount of Rs. 20,000/- in the court below which shall be subject to final disposal of the case. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 20,000/- in the court below which shall be subject to final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with C-I-18/2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Purnea, subject to the
Patna High Court Cr.Misc. No.15838 of 2016 (2) dt.16-05-2016 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T