Lalan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15638 of 2016 Arising out of PS.Case No. -140 Year- 2015 Thana -KANHAULI District- SITAMARHI ====================================================== Lalan Sah, Son of Ramkewal Sah, resident of Village:- Parsa Khurd, P.S:- Kanhauli, District:- Sitamarhi.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Surendra Kishore Thakur, Advocate. For the Opposite Party : Mr. Md. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Kanhauli P.S. Case No. 140 of 2015 for the offences instituted under Sections 272, 273/34 of the IPC and 47(A)(F) of the Excise Act.

The prosecution story, in brief, is that on 17.12.2015, on a secret information, the informant alongwith other police officials raided the hut of Ram Sagar Rai, some miscreants tried to flee away. The raiding party recovered some instruments for manufacturing wine, liquor in several drums, pipe, plastic gallons and other articles from the said hut. The informant prepared seizure list.

Patna High Court Cr.Misc. No.15638 of 2016 (2) dt.13-05-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has not been apprehended on the spot except for confessional statement of the co-accused. There is no other material to show the implication of the petitioner in the present case. It is further submitted that the petitioner is ready to deposit an amount of Rs. 14,000/- in the court bellow 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. 14,000/- 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 Kanhauli P.S. Case No. 140/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure .

U.K./- (Sudhir Singh, J) U T