Shambhu Dhari @ Shambhu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25299 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- ARIYARI District- Sheikhpura ====================================================== Shambhu Dhari @ Shambhu Ram S/o Late Baldeo Dhari R/o villageDuaniya, P.S.- Ariyari, District- Sheikhpura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No. 2 For the Opposite Party/s :
Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehend his arrest in connection with Ariyari P.S. Case no. 23 of 2019 registered under Sections 272, 273 of the Indian Penal Code and Section 30 (A)(D) of Bihar Prohibition & Excise Act-2016.
20 lts. of country made liquor is said to have been recovered from the field and petitioner and 3-4 accused persons managed to escape from the aforesaid place. The petitioner is said to have been identified by the Chowkidar from quite some distance.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious
Patna High Court CR. MISC. No.25299 of 2019(2) dt.19-04-2019 2/2 physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. He has been falsely implicated in this case by the Chowkidar due to animosity, who has claimed to have identified the petitioner from quite some distance though he could not identify rest other accused persons during the course of escaping. He has no criminal antecedent.
In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. District & Sessions Judge, Sheikhpura in connection with Ariyari P.S. Case no. 23 of 2019, subject to the condition as laid down under Section 438
(2) of the Cr.P.C (Prakash Chandra Jaiswal, J) rohit/- U T