Gariban Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1643 of 2019 Arising Out of PS. Case No.-335 Year-2018 Thana- MOTIPUR District- Muzaffarpur ======================================================
1. Gariban Sah son of Late Bhaddu Sah Resident of Village - Dariya Chapra Ward No- 6, P.S. Motipur, District Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Goswami, Adv.
Mr. Pradhan Murlimanohar Pd., Adv.
For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2019 Heard the parties.
The petitioner is apprehending his arrest in connection with Motipur P.S.Case No.335 of 2018 , registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioner is about recovery of 02 ltrs. of liquor from the hut of the petitioner. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case , having no criminal antecedent.
Heard learned A.P.P. also.
Having heard both sides and considering the fact and
Patna High Court Cr.Misc. No.1643 of 2019(2) dt.24-01-2019 2/2 circumstances especially he has no criminal antecedent and the quantity of recovery, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur in connection with Motipur P.S.Case no.335 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T