Shambhu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14313 of 2017 Arising Out of PS.Case No. -351 Year- 2016 Thana -MASRAKH District- SARAN ====================================================== Shambhu Prasad S/o Late Bigan Prasad, resident of village - Gopalbari, P.S. Mashrak, District - Saran at Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. M. Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner apprehends his arrest in connection with Mashrak P.S. Case No. 351 of 2016, registered for the offence punishable under Sections 47 of the Excise Act. Allegedly, from the shop of Jhuna Kumar Sah foreign liquor was recovered and Jhuna Kumar Sah stated that the petitioner used to bring the liquor and for one box of liquor, the petitioner took Rs. 6000/-.

Submission is of false implication and that nothing has been recovered from the house of the petitioner, only on the basis of the confessional statement of co-accused Jhuna Kumar Sah, the petitioner is apprehending his arrest and as such, the

Patna High Court Cr.Misc. No.14313 of 2017 (2) dt.12-05-2017 2/2 petitioner deserves sympathetic consideration. Learned A.P.P. submits that co-accused Jhuna Kumar Sah has taken the name of the petitioner at once. In the facts and circumstances, as stated above, considering that the name of the petitioner has come in the confessional statement of the co-accused, as such, the petitioner, in the event of his arrest or surrender within four weeks from the date of receipt/ production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/ (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- IIIrd, Saran at Chapra in connection with Mashrak P.S. Case No. 351 of 2016, subject to the conditions as laid down in Section 438(2) of the Cr. P.C. (Jitendra Mohan Sharma, J) BTiwary/- U T