Mahadeo Lal Roy @ Mahadeo Roy v. The State Of Bihar

Patna High Court Cr.Misc. No.10812 of 2016 (2) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10812 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -BAUSI District- PURNIA ====================================================== Mahadeo Lal Roy @ Mahadeo Roy Son of Late Patharu Lal Roy resident of village - Shadipur, Bhutaha, P.S. Baisi, District - Purnea .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s : Mr. Ajay Kr. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Baisi P.S. Case No. 13 of 2016 for the offences instituted under Section 273 of the Indian Penal Code and Section 47(A) of the Excise Act.

As per the prosecution case the informant alleged that he along with other police officials proceeded from police station for arresting the warrantee. In the meantime, he received secret information regarding selling illegal country made wine by the petitioner in his house and the petitioner fleeing away from his house after seeing police party and recovered 14 liters of country made liquor of different brands of liquors for about ten liters.

Patna High Court Cr.Misc. No.10812 of 2016 (2) dt.18-04-2016 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. It is further submitted that the petitioner is ready to deposit an amount of Rs.20,000/- 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.20,000/- 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 eight weeks from today in connection with Baisi P.S. Case No. 13 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-II-cumACJM, Purnea, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T