Shatrughan Parjapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52072 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -DUMARIA District- GAYA ======================================================

1. Shatrughan Parjapati son of Ramdeo Parjapati, resident of VillageMatha, P.S. Dumaria, Dist- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar, Adv For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-12-2015 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Dumariya P.S. Case No. 53 of 2015 for the offences alleged under Sections 272 and 273 of the Indian Penal Code and Section 47(A)(E)(F) of the Excise Act.

The prosecution case is that on secret information, the police personnel made raid and found that manufacturing of illicit liquor was going on and recovered 50 Litres of liquor. The villagers stated that the said liquor manufacturing unit belongs to the petitioner who managed to flee away from the site. The seizure list was prepared and the illicit liquor was seized. It has been submitted by the learned counsel for the petitioner that

Patna High Court Cr.Misc. No.52072 of 2015 (2) dt.17-12-2015 none of the villagers have stated that on whose land the said illicit liquor was being prepared and none of the villagers have been named in the F.I.R. It is further submitted that the petitioner is innocent and has committed no offence and no incriminating article has been found from his possession.

Furthermore, it is stated that on the basis of the information from the villagers, the petitioner has been falsely implicated in the aforesaid case and has got no criminal antecedent as is evident from paragraph no. 3 of the petition. Be that as it may, let the above named petitioner, Shatrughan Parjapati, in the event of his arrest/surrender before the Court below within a period of six weeks from today, be released on bail on furnishing of the bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghati, Gaya in connection with Dumariya P.S. Case No. 53 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nilu Agrawal, J) Ranjan/- U