Patna High CourtCR. MISC./51841/2014bail granted

Chandan Sah And ANR v. The State Of Bihar

2015-01-05Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51841 of 2014 Arising Out of PS.Case No. -8 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ====================================================== Chandan Sah Haribhushan Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Excise Case No. 08 of 2013 registered for the offences punishable under Section 47(A) of the Excise Act.

Admittedly, neither petitioners were arrested at the spot nor anything was recovered either from their house or from their possession. Furthermore, petitioner no. 2 does not have any criminal antecedent and so far as, petitioner no. 1 is concerned, earlier one Excise Case No. 06 of 2011 was lodged against him but explanation on behalf of the petitioner no. 1 is that he had made protest against illegal action of the Excise officials resulting institution of Excise case No. 06 of 2011.

Patna High Court Cr.Misc. No.51841 of 2014 (2) dt.05-01-2015 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the learned Sub- Divisional Judicial Magistrate, Bikramganj, Rohtas in Excise Case No. 08 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U