Ashok Sah @ Ashok Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20911 of 2015 Arising Out of PS.Case No. -355 Year- 2011 Thana -MARHAURA District- SARAN ====================================================== Ashok Sah @ Ashok Kumar Sah. S/o Late Yogendra Sah. R/o vill.- Dumar San, P.S.- Mashrakh, District - Saran at Chapra. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Smt.Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-09-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Marhowrah P.S.Case No. 355 of 2011 registered under Sections 272, 273, 420, 467, 468, 471, 120B/34 of the Indian Penal Code and Section 47A of the Excise Act. Learned counsel for the petitioner submits that the allegation is wholly misconceived as against the petitioner and no recovery was made from his conscious possession. It is further submitted that two accused persons who were taken into custody at the time of the raid have been granted regular bail in Cr.Misc.No. 7622 of 2012 vide order dated 13.3.2012. Since there was no recovery from the petitioner and that

Patna High Court Cr.Misc. No.20911 of 2015 (3) dt.29-09-2015 the petitioner has no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender in the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Marhowrah P.S.Case No. 355 of 2011 to the satisfaction of Sri S.C.Srivastava, Judicial Magistrate, 1st Class, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) spal/- U