Patna High CourtCR. MISC./30474/2016bail granted

Harkesh Sah v. The State Of Bihar

2016-08-05Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30474 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -GOPALPUR District- GOPALGANJ ====================================================== Harkesh Sah Son of Late Mangal Sah Resident of village - Panchamawa Paharpur, P.S. Gopalpur, District - Gopalganj .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhramveer, Advocate. For the Opposite Party : Mr. Sri Bhanu Pratap Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273, 420/34 of the Indian Penal Code and Section 47 (A) of Excise Act.

Petitioner was caught on the spot, when he was found engaged in manufacturing illicit liquor and in huge quantity of country made illicit liquor and other apparatus, which are used in manufacturing liquor, were recovered from the place of occurrence.

Submission on behalf of the petitioner is that the petitioner does not have any criminal antecedent and the present case was lodged prior to the coming into force of new Excise

Patna High Court Cr.Misc. No.30474 of 2016 (2) dt.05-08-2016 2/2 Amendment Act, so the petitioner shall be deemed to be the first offender. Moreover, the petitioner has sufficiently been punished by remaining in jail custody since 25.03.2016. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Harshvardhan, Judicial Magistrate 1st Class, Gopalganj in connection with Gopalpur P.S. Case No. 26 of 2016. (Hemant Kumar Srivastava, J.) Amit/- U T