Bhuti Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14802 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bhuti Sah
2. Sambhu Sah. Both sons of Late Garad, resident of vill. - Chapra Bahash, P.S. Sugauli, Distt. - E. Champaran .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Excise Case No. 11 of 2016, disclosing offences under Section 47(a) of the Excise Act.
Learned counsel for the petitioners has submitted that the place from where country made liquour was seized, does not belong to these petitioners, who are full brothers. He further submits that this is the first instance, when these petitioners have been implicated in a case under Section 47(a) of the Bihar Excise Act.
Considering the above submission,this application is allowed.
Patna High Court Cr.Misc. No.14802 of 2016 (2) dt.04-05-2016 2/2 Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, E. Champaran in connection with Excise Case No. 11 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
Subject to further condition that if the petitioners are implicated in future in any case of similar nature, the prosecution shall be at liberty to approach this Court for cancellation of their bail.
(Chakradhari Sharan Singh, J) Vats/- U T