Satan Khirhar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 52332 of 2017 Arising Out of PS. Case No.-564 Year-2017 Thana- Sitamarhi District- Sitamarhi ======================================================

1. Satan Khirhar, S/o Late Haribhajan Khirhar,

2. Dablu Khirhar @ Amit Kumar, S/o Ram eqbal,

3. Ramesh Khirhar @ Ramesh Kumar, S/o Mahendra Khirhar,

4. Ajay Khirhar @ Amrendra Kumar, S/o Late Sogarath Khirhar, all the residents of village Amghatta, P.S. Sitamarhi, Distt. - Sitamarhi. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

09-11-2017 Heard Sri Santosh Kumar, learned counsel for petitioners and Mr. Md. Sufiyan, learned Addl. Public Prosecutor.

Four petitioners, apprehending their arrest in Sitamarhi P.S. Case No. 564 of 2017 registered for offence under Sections 272, 273 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.

It was submitted by learned counsel for the petitioners that all the petitioners have been falsely made accused mainly on the confessional statement of one Krishna Devi, from whose hut recovery of foreign liquor was shown. Besides this, learned

Patna High Court Cr.Misc. No.52332 of 2017(2) dt.09-11-2017 2/2 counsel for petitioners has drawn my attention to the statement made in paragraph - 3 of the petition to show that petitioners are having clean antecedent.

Considering the nature of accusation as well as the fact that petitioners have been made accused by disclosure made by the accused, from whose hut recovery was effected and clean antecedent of petitioners, in the event of arrest or surrender within a period of six weeks from today, let aforesaid four petitioners namely (1) Satan Khirhar, (2) Dablu Khirhar @ Amit Kumar, (3) Ramesh Khirhar @ Ramesh Kumar and (4) Ajay Khirhar @ Amrendra Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. IIcum-Special Judge, Excise Act, Sitamarhi in connection with Sitamarhi P.S. Case No. 564 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T