Nawal Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.27623 of 2016 (2) dt.20-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27623 of 2016 Arising Out of PS.Case No. -143 Year- 2014 Thana -AMNAUR District- SARAN ======================================================

1. Nawal Rai Son of Late Ram Janam Rai resident of village- Hasanpur Baniya, Police Station- Taraiya, District- Saran, Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parijat Saurav For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Amnaur P.S. Case No.143 of 2014 registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 47-A of the Excise Act.

Learned counsel for the petitioner submits that the alleged recovery was made from a pickup van of one Suresh Rai and not this petitioner.

In view of the fact that the alleged recovery was not made from the conscious possession of the petitioner, let the petitioner, in the event of his arrest or surrender in the court below within a period of four weeks from today, be released on bail on furnishing

Patna High Court Cr.Misc. No.27623 of 2016 (2) dt.20-08-2016 bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with Amnour P.S. Case No.143 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) V.P.Sinha/- U