Rajeshwar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53149 of 2016 Arising Out of PS.Case No. -150 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rajeshwar Patel son of Late Rukhi Patel, Resident of Village- Balua Tarhati, Police Station- Paharpur, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 47, 53(C)/54 of the Bihar Excise Amendment Act, 2016.
Five litres country made liquor was, allegedly, recovered from the possession of the petitioner. Submission of the petitioner is that the police falsely implicated the petitioner soon after grant of bail in an earlier case under the provisions of the Excise Act. The occurrence, allegedly, took place on 08.08.2016.
Considering the facts, let the petitioner, above named, in the event of his arrest or surrender before the Court
Patna High Court Cr.Misc. No.53149 of 2016 (2) dt.08-12-2016 below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, East Champaran/Successor Court in connection with Paharpur Police Station Case No. 150 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The further condition is that the petitioner would file affidavit before the court below that he would not indulge in such activity in future.
(Birendra Kumar, J) kundan/- U T