Shatrughan Dharhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50127 of 2016 Arising Out of PS.Case No. -2 Year- 2015 Thana -KORMA District- SEKHPURA ====================================================== Shatrughan Dharhi, son of Late Lakhan Dharhi, resident of villageMurarpur, P.S. Korma, District-Sheikhpura. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manish Kumar No-2, Advocate For the Opposite Party : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-11-2016 Heard the learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 21.10.2016 in connection with Korma P.S.Case No.02 of 2015 for offences alleged under Sections 272 and 273 of the IPC and Section 47(A) of the Excise Act.

The prosecution case is that the informant with other officials raided at Murarpur village where preparations of illegal Mahua wine was being done and the people who were involved in preparing the wine managed to escape. Altogether 80 litres of wine were recovered from that place.

It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case. He further submits that nothing has been recovered

Patna High Court Cr.Misc. No.50127 of 2016 (2) dt.23-11-2016 2/2 from the conscious possession of the petitioner and he has been implicated on the basis of mere suspicion. He further submits that just because he was implicated previously in two cases of similar nature in which he is on bail the petitioner has been falsely implicated.

However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. Be that as it may, since nothing has been recovered from the conscious possession of the petitioner, let the above named 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 Jigar Shah, learned Judicial Magistrate, Ist Class, Sheikhpura in connection with Korma P.S.Case No.02 of 2015.

(Nilu Agrawal, J) B.Kr./- U T