Gopal Soren @ Gopal Sarain @ Gopal Suren v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52814 of 2016 Arising Out of PS.Case No. -113 Year- 2016 Thana -POTHIYA District- KISANGANJ ======================================================
1. Gopal Soren @ Gopal Sarain @ Gopal Suren son of Late Budhan Surain resident of village - Sheikhpura, Police Station - Pothia, District - Kishanganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Hussain, Advocate For the Opposite Party/s : Mr.Ram Sevak Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 27.07.2016 in connection with Pothia P.S.Case No. 113 of 2016 registered for the offence punishable under Section 47 Excise Act. The prosecution case as lodged by the police personnel is that on secret information, the house of the petitioner was raided and found 10 liters illegal country made wine along with other utensils used in making of wine along with Hero Honda motorcycle. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, has falsely been implicated in false
Patna High Court Cr.Misc. No.52814 of 2016 (2) dt.19-12-2016 2/2 case and there is no criminal history. It has further been submitted that charge sheet has already been submitted, hence there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since charge sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Kishanganj in connection with Pothia P.S.Case No. 113 of 2016. (Nilu Agrawal, J) Sudha/- U T