Patna High CourtCR. MISC./36814/2016bail granted

Bithal Sao v. The State Of Bihar

2016-09-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36814 of 2016 Arising Out of PS.Case No. -98 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Bithal Sao, son of Shri Bilendra Sao, Residents of Village- Rasanpur, P.S.- Warsaliganj, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aaruni Singh For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Excise Case No. (G. O. No.) 98 of 2014, disclosing offences under Sections 47 (a) and (f) of the Bihar Excise Act.

Learned Counsel for the petitioner has submitted that the place from where recovery has been made does not belong to him. He has also submitted that there is no material to indicate that the petitioner was in possession of or in ownership of the place from where recovery of illicit liquor was made.

Considering the aforesaid stand taken on behalf of the petitioner, this application is allowed.

Patna High Court Cr.Misc. No.36814 of 2016 (2) dt.06-09-2016 2/2 Let the petitioner, Bithal Sao, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada, in connection with Excise Case No. (G. O. No.) 98 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √