Harihar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26427 of 2016 Arising Out of PS.Case No. -317 Year- 2015 Thana -SAKRA District- MUZAFFARPUR ====================================================== Harihar Paswan, Son of late Harak Paswan, Resident of Village- Khemai Patti, PS Sakra, Distt Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Mahendra Thakur, Advocate For the State : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 11-07-2016 Heard learned counsel for the petitioner and the State.

Petitioner apprehend his arrest in a case filed under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of Excise Act.

It is contended on behalf of the petitioner that allegedly there is seizure of 12 liters 300 Ml. of foreign liquor from a rack of his house. Petitioner was not apprehended from the spot. It is further contended that none of the family members were given copy of the seizure list as their signature have not been obtained on the same. It is alleged that this case having been lodged in the year 2015, it would not be covered by amended provision of the Bihar Excise Act which came into force on 4th

Patna High Court Cr.Misc. No.26427 of 2016 (2) dt.11-07-2016 2 / 2 April, 2016. The petitioner claims that he has clean antecedent. Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Sakra P.S. case no. 317 of 2015, the above named petitioner, Harihar Paswan shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Muzaffarpur subject to the conditions as laid down under subsection(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Sanjay-II/- U T