Rajeshwar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10915 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajeshwar Pandey son of Late Amar Pandey, resident of village- Mahmada, P.S.- Pipra, District- East Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 272, 273 and 290 of the Indian Penal Code and 47(a) of the Bihar Excise Act, 1915. Allegation against the petitioner is that 800 litres illicit spirit kept in four drums were recovered from a Tata Magic vehicle which was under his possession.

It is submitted on behalf of the petitioner that he has got no criminal antecedent. He has been made accused due to mistake of fact. It is further submitted that he is ready to deposit an amount of Rs.30,000/- in the court below which shall be subject to final disposal of the case.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that petitioner shall deposit an amount of Rs. 30,000/- in the court below which shall be subject to final disposal of the case. Let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be

Patna High Court Cr.Misc. No.10915 of 2016 (2) dt.18-04-2016 2/2 released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Piprakothi P.S. Case no. 6 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T