Arun Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32699 of 2016 Arising Out of PS.Case No. -62 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Arun Kumar son of Dhanesh Ram

2. Raju Mahto son of Ram Ekbal Mahto Both resident of Village- Purani Bazar, Police Station- Motipur, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 47(a) Excise Act.

Learned counsel for the petitioners submits that the alleged recoveries were not made from their conscious possession and it was recovered from a jerkin on a motorcycle. The seizure-list also does not bear the signature of the present petitioners. Considering the nature of allegations made and that no recovery was made from their conscious possession and they have fair antecedent, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date

Patna High Court Cr.Misc. No.32699 of 2016 (2) dt.16-09-2016 P2/2 of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, (west) Muzaffarpur in connection with Motipur P.S. Case No. 62 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T