Ashok Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21125 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Ashok Bhagat Son of Krishnadeo Bhagat, Resident of Village - Sahpur, P.S. - Hathaudhi, District - Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Uday Kumar, Advocate. For the Opposite Party : Mr. Madhuranand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-07-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 272 and 273 of the I.P.C and section 47 a of the Excise Act. Acting on a tip off raid was conducted and four drums of raw sprit each containing 200 litres were recovered from the land of co-accused Ram Babu Sahani and it is alleged that the petitioner and Ram Babu Sahani had concealed the same. Submission is of false implication and that the petitioner has got no concern with Ram Babu Sahani. He has been made victim of police atrocity. The petitioner has got no concern with those raw sprit and as such he deserves sympathetic

Patna High Court Cr.Misc. No.21125 of 2015 (2) dt.16-07-2015 2/2 consideration, to which the learned A.P.P. does not oppose. In the facts and circumstances as stated above, considering the alleged recovery from the land of Ram Babu Sahani and not from the petitioner and as such the petitioner in case of his arrest or surrender within one month from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Sitamarhi in Runnisaidpur P.S. Case No. 80 of 2015, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T