Patna High CourtCR. MISC./54677/2016bail granted

Shambhu Prasad And ANR v. The State Of Bihar

2016-12-23Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54677 of 2016 Arising Out of PS.Case No. -201 Year- 2016 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shambhu Prasad, Son of Bhikhari Sah

2. Rakesh Kumar, Son of Shambhu Prasad, both resident of Village Malahi Bazar, P.S. Malahi(Govindganj), District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners are languishing in judicial custody since 07.08.2016 in connection with Gobindganj (Malahi) P.S. Case No.201/16 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and under Section 47 of the Excise Act.

The prosecution case, as lodged by the police personnel, is that during course of patrolling they seized 1.680 litres of foreign liquor from the possession of the two petitioners. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.54677 of 2016 (2) dt.23-12-2016 2/2 petitioners that they are innocent, have no criminal history and have falsely been implicated in the aforesaid case. It is submitted that nothing has been recovered from their conscious possession. However, learned A.P.P. for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since the petitioners have no criminal history, let the petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Gobindganj (Malahi) P.S. Case No. 201/16.

(Nilu Agrawal, J.) Rajesh/- U T