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Patna High CourtCR. MISC./31472/2014bail granted

Bhuar Singh v. The State Of Bihar

2015-01-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31472 of 2014 Arising Out of PS.Case No. -2 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictSARAN ====================================================== Bhuar Singh, son of Late Gama Singh, resident of village - Sitab Diyara, (Lala Tola ) Police Station - Revelganj, District - Saran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Kumar Singh, Adv. For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Excise Case No. 02 of 2011 registered for the offences punishable under Section 47(A) of the Excise Act, seeks the privilege of pre-arrest bail.

Allegedly, during raid, from a lonely place 105 litre of illicit liquor were recovered and it is stated that the petitioner and others fled away.

Submission is that one of the witnesses is Excise Constable and the other is of another village. There is no independent witness. How the name of the petitioner has come is

Patna High Court Cr.Misc. No.31472 of 2014 (3) dt.30-01-2015 not clear and as such, the petitioner deserves sympathetic consideration, to which the learned A.P.P. does not dispute. In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Anchal Dwivedi, the learned Judicial Magistrate 1st Class, Chapra in connection with Excise Case No. 02 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T