Tunnu Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31679 of 2016 Arising Out of PS.Case No. -115 Year- 2015 Thana -ARIYARI District- SEKHPURA ====================================================== Tunnu Shah, Son of Arjun Shah, Resident of Village- Chandi, P.S: Ariyari, District Sheikhpura.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Dr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 272 of the Indian Penal Code and Section 47 (A) of Excise Act.

Allegedly 12 bottles of bear was recovered from the shop of the petitioner which was kept unauthorizedly, however, It is contended that it is the first offence of the petitioner and the case would proceed under the old provision of the Excise Act as the recovery in this case is dated 21.10.2015 and the new amended provision was enforced, w.e.f., 1.04.2016.

Having regard to the facts and circumstances of the case, let the petitioner, namely, Tunnu Shah be released on bail in the event of his arrest/surrender before the court below within

Patna High Court Cr.Misc. No.31679 of 2016 (2) dt.05-09-2016 2/2 a period of six weeks from today in connection with Ariyari P.S. Case No.115 of 2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sheikhpura subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. It is made clear that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U T