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Patna High CourtCR. MISC./9983/2016bail granted

Shankardayal Thakur And ANR v. The State Of Bihar

2016-03-03Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9983 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Shankardayal Thakur Son of Yugal Kishore Thakur @ Yugal Thakur resident of Village - Mahmadpur, P.S. Daudnagar, District - Aurangabad.

2. Kapildeo Thakur son of Late Padum Thakur resident of Village - Mahamadpur, P.S. - Daudnagar, District - Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Ramesh Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, petitioners are seeking bail in connection with Daudnagar P.S. Case No. 16 of 2016 registered for offence under sections 272, 273 of the Indian Penal Code and 47(A) of the Excise Act.

As per the first information report, the Police personnel on secret information, arrived near the house of petitioner whereupon he tried to flee away, he was apprehended. When a search was done, huge amount of illegal wine was recovered.

The counsel for the petitioners submits that as per the

Patna High Court Cr.Misc. No.9983 of 2016 (2) dt.03-03-2016 2/2 first information report, petitioners were apprehended and so much so that in the first information report it has been mentioned that seizure list bearing the signature of the petitioners but the same is absent.

Looking to facts and circumstances of the case, in the event of arrest or surrender within 4 weeks, petitioners, above named, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Daudnagar (Aurangabad) in connection with Daudnagar P.S. Case No. 16 of 2016, subject to the condition as laid down under Section 438 (2) Cr. P.C. and whenever the Police will call the petitioners for investigation/interrogation, they will present themselves. If they would not present themselves, the privilege of this anticipatory bail will be deemed to have been cancelled. (Shivaji Pandey, J) Mahesh/- U T