Binod Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29967 of 2014 Arising Out of PS.Case No. -13 Year- 2012 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ====================================================== Binod Gond, Son of Lakhan Gond, Resident of Village - Kadirganj, P.S. - Darigaon, District - Rohtas .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kamla Kant Pandey, Adv. For the Opposite Party/s : Mr. Ram Chandra Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Darigaon Excise Case No. 13 of 2012 registered for the offences punishable under Section 47A of the Excise Act, seeks the privilege of pre-arrest bail.

Allegedly, acting on a tip off, raid was conducted but the accused person fled away after leaving the motorcycle and on search 150 litres country-made Mahua liquor was recovered. Submission is that the motorcycle is not of the petitioner. From prosecution report, it is apparent that name of the owner of motorcycle has not been ascertained as yet but due to

Patna High Court Cr.Misc. No.29967 of 2014 (2) dt.19-01-2015 enmity and at the instance of the enemy of the petitioner, his name has been shown as an accused, and as such, the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes. In the facts and circumstances as stated above, as the petitioner is not claiming that motorcycle from where countrymade liquor was recovered and as such, the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Darigaon Excise Case No. 13 of 2012, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.) Vats/- U T