Dharmnath Pasi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36535 of 2018 Arising Out of PS. Case No.-229 Year-2017 Thana- MAIRWA District- Siwan ====================================================== Dharmnath Pasi, Son of Late Sita Pasi R/o Village - English, P.S. Mairwa, District - Siwan.
... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Adv.
For the Opposite Party/s :
Mrs. Sucheta Yadav, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-06-2018 Heard Sri Ajay Kumar Tiwary, learned counsel for the petitioner and Smt. Sucheta Yadav, learned Addl. Public Prosecutor.
The sole petitioner, having clean antecedent, which fact has been stated in paragraph-3 of the petition, apprehending his arrest in Mairwa P.S. Case No.229 of 2017 registered for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a), 41(i) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender.
Learned counsel for the petitioner submits that in this case, nothing was recovered either from the conscious possession or from the premises of the petitioner, however on recovery of about 5 liters of Mahua liquor from outside of the
Patna High Court Cr.Misc. No.36535 of 2018(2) dt.29-06-2018 2/2 house of the petitioner, the petitioner has been made accused. Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail, however she has not disputed the fact that nothing was recovered from the house of the petitioner.
Considering the facts and circumstances, in the event of his arrest or surrender within six weeks from today, let the petitioner, namely, Dharmnath Pasi be enlarged 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 2nd Addl. District & Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Mairwa P.S. Case No.229 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) nawalkrs/- U T