Sandeep Kumar Rai @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17668 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -TURKAULIYA District- EAST CHAMPARAN(MOTIHARI) ====================================================== Sandeep Kumar Rai @ Sandeep Kumar, son of Bhim Rai, Resident of Village- Semra Pandey Tola, P.S.- Turkaulia, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Yogendra Kr.Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-06-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Turkaulia P.S. Case No.9 of 2016 for allegedly having committed the offence under Sections 272, 273 of the Indian Penal Code and Section 47A of the Bihar Excise Act. Learned counsel for the petitioner submits that the recovery of liquor was not from the conscious possession of the petitioner, rather it was from near the canal adjacent to the house of the petitioner and, therefore, the petitioner may not be prosecuted in connection with the present case. Considering the aforementioned facts and circumstances and that the petitioner has no similar antecedent,

Patna High Court Cr.Misc. No.17668 of 2016 (3) dt.20-06-2016 2/2 let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Turkaulia P.S. Case No.9 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T