Sunil Baari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49484 of 2015 Arising Out of PS.Case No. -971 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Sunil Baari Son of late Badri Bari, Resident of Village and P.O. and P.S. - Tilouthu, District-Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bajarangi Lal, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 03-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sasaram (Tilouthu) P.S. Case No. 971/2015 registered under Sections 272 and 273 of the Indian Penal Code and 47(a) of the Excise Act.

It is contended that from a conjoint reading of FIR and seizure list, it would be evident that alleged country-made liquor was recovered from an open place, which is a flank of the road. The seizure list witnesses have suo motu filed affidavit before the court stating therein that the informant has taken their

Patna High Court Cr.Misc. No.49484 of 2015 (2) dt.03-11-2015 2 / 2 signatures on blank sheet of paper after calling them on police station, whereas nothing has been recovered by the police in their presence.

Learned counsel for the State has opposed the application for grant of anticipatory bail to the petitioner. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas in connection with Sasaram (Tilauthu) P.S. Case No. 971 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T