Sajeevan Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.10975 of 2016 (2) dt.25-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10975 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -AURAI District- MUZAFFARPUR ====================================================== Sajeevan Sahani Son of Late Jodhan Sahani Resident of village - Malahi Bosi, Police Station - Aurai, District - Muzaffarpur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Gajanan Arun, Advocate For the Opposite Party : Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Aurai P.S. Case No. 137 of 2015 for the offences instituted under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of the Excise Act.

As per the prosecution, the informant received confidential information that at Bhairab Asthan in Fushat illegal liquor is being sold out and on this information Bhairab Asthan saw a man fleeing away from the place of occurrence and recovered some country made liquor from the possession of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been

Patna High Court Cr.Misc. No.10975 of 2016 (2) dt.25-04-2016 made accused due to mistake of fact. No compliance of Section 100 of the Cr.P.C. has been followed. It is further submitted that the petitioner is ready to deposit an amount of Rs.15,000/- in the court below which shall be subject to the final disposal of the case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.15,000/- in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Aurai P.S. Case No. 137 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Jawed Alam, Judicial Magistrate, Ist Class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T