Beera Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.11050 of 2016 (2) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11050 of 2016 Arising Out of PS.Case No. -222 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Beera Sahani Son of Late Jokhan Sahani, Resident of Village- Godhiya, P.S.- Chiraiya (Shikarganj), District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Virendra Kuar, Advocate For the Opposite Party : Mr. Raj Ballabh Singh, 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 Chiraiya (Shikarganj) P.S. Case No. 222 of 2015 for the offences instituted under Sections 272 and 273/34 of the Indian Penal Code and Section 47(A) of the Excise Act. As per the prosecution case, it is a case of illegal manufacturing of liquor and also recovery of eighty liters of liquor as well as raw material for preparing liquor were also recovered from the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no substantive piece of evidence to implicate the petitioner in the

Patna High Court Cr.Misc. No.11050 of 2016 (2) dt.18-04-2016 present case. It is further submitted that the petitioner is ready to deposit an amount of Rs.40,000/- 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.40,000/- 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 Chiraiya (Shikarganj) P.S. Case No. 222 of 2015/ G.R.No.1409 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Umashankar, Judicial Magistrate, Ist Class, Sikrahana Dhaka, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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