Patna High CourtCR. MISC./9076/2017bail granted

Ajay Sao v. The State Of Bihar

2017-03-09Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9076 of 2017 Arising Out of PS.Case No. -170 Year- 2016 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Ajay Sao, Son of Late Munendra Sao @ Monarik Sao, resident of VillageSimra, P.S.- Parsa Bazar, District- Patna . ... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar, Advocate For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Daudnagar P.S. Case No. 170 of 2016 registered for the offence punishable under Sections 30(Gh) of Bihar Prohibition and Excise Act, 2016, seeks the privilege of pre-arrest bail. Allegedly, 40 quintals of Mahua flower were recovered from a Pick-up Van and the driver stated that Mahua flower is of the petitioner.

Submission is of false implication and that no offence under the Excise Act is made out. The said Mahua flower is not of the petitioner, he has got no concern and the driver has wrongly stated the name of the petitioner and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest

Patna High Court Cr.Misc. No.9076 of 2017 (2) dt.09-03-2017 2/2 bail.

In the facts and circumstances as stated above, considering that the name of the petitioner has been taken by coaccused before Police and besides that there is no other material against the petitioner, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Daudnagar in connection with Daudnagar P.S. Case No. 170 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J) Vats/- U T