Braj Kishore Sah @ Braj Kishor Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27490 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== BRAJ KISHORE SAH @ BRAJ KISHOR SAH, Aged about 50 years (Male) Son of Mahendra Sah Resident of Village - Patarahiya, P.S.- Saraiya (Jaitpur O.P), Distt - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Adv.
For the Opposite Party/s :
Mr. Anant Kumar, A.P.P 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 93 of 2019 corresponding to G.R No. 292 of 2019 for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, nothing has been recovered from the conscious possession of the petitioner which is evident from he seizure list itself.
Patna High Court CR. MISC. No.27490 of 2019(3) dt.17-07-2019 2/2 Moreover, the name of this petitioner has transpired in this case merely on the basis of the statement of the co-accused, Mahendra Sah. The petitioner has no concern with the alleged recovery. Hence, the petitioner may be granted the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of surrender within a period of four 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 the learned Special Judge, Excise, Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 93 of 2019 corresponding to G.R. No. 292 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) Brajesh/- U T