Birendra Thakur @ Fagu Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37399 of 2019 Arising Out of PS. Case No.-489 Year-2018 Thana- BIHIA District- Bhojpur ====================================================== BIRENDRA THAKUR @ FAGU THAKUR Son of Sudeshwar Thakur Resident of Village - Gaura, P.S.- Bihiya, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kalyan Shankar For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Excise Case No. 2249 of 2018, arising out of Bihiya P.S. case no. 489 of 2018 instituted for the offence under Section(s) 30(A), 45 of the Bihar Prohibition & Excise Act, 2016 and Section 353 and 307 of the IPC.
Learned counsel for petitioner has submitted that informant is alleged to have identified the petitioner merely on suspicion. The petitioner has not been apprehended on the spot. In the written report, it is alleged that police got confidential information that illicit liquor are being brought on a container. The police party chased the container, but the driver of the container did not stop and caused injury to left foot of the
Patna High Court CR. MISC. No.37399 of 2019(2) dt.20-06-2019 2/2 one of the police party. It is further alleged that accused persons sitting on the container after taking advantage of the darkness fled away. The informant had identified this petitioner and one Pintu Singh. They were chased, but they managed to run away. In this manner, mere suspicion has been raised against this petitioner.
Petitioner is in custody since 12.4.2019.
Considering the aforesaid, let the petitioner, above named, 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 the learned Spl. Judge Excise, Bhojpur at Ara, in connection with Excise Case No. 2249 of 2018, arising out of Bihiya P.S. case no. 489 of 2018, subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J) shyambihari/- U T