Amar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24351 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Amar Sah, Son of Late Pundeo Saw, Resident of Villag-dighawa, P.S.- Baikunthpur, District-Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Srivastava For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Baikunthpur PS case No. 6/2015 for the offence under section 272, 273 of the Indian Penal Code and Section 47(a) of the Excise Act.

The prosecution story, in brief, is that on 07.01.2015 the informant in course of patrolling, on confidential informant, reached near main road of Dighwa and found a crowd near a asbestos house but seeing the police vehicle all the persons fled away. On search 105 pouches each containing 400 ml. kept in two plastic bags recovered. On query the Chowkidar disclosed the name of petitioner.

On behalf of the petitioner, it has been submitted that

Patna High Court Cr.Misc. No.24351 of 2015 (2) dt.13-07-2015 2/2 the petitioner has been made accused on account of mistake of fact. Further, it has been submitted that no recovery has been made from the possession of petitioner.

It has been submitted on behalf of the State that the petitioner is named in the first information report. Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri A. K. Tripathi, Judicial Magistrate, 1st class, Gopalganj in connection with Baikunthpur PS case No. 6/2015, subject to condition as laid down under section 438(2) of the Cr. P.C.

(Sudhir Singh, J) BKS/- U T