Vijay Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.43712 of 2016 (2) dt.17-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43712 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== VIJAY SAH ,SON OF SHRI RAMAUTAR PRASAD SAH, RESIDENT OF VILLAGE- BARABARIYAR PUR, P.S.-CHAUTANI DISTRICTEAST-CHAMPARAN .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate. For the Opposite Party/s : Mr. Sri Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Chhatauni P.S. Case No. 115 of 2016 registered under Sections 272 and 273 of the Indian Penal Code and Section 74(a) of the Excise Act.

The accusation is of recovery of 70 litre Toddy from the hut of Jawahir Paswan, who disclosed the name of Kalai Paswan, Talli Paswan and petitioner, who succeeded to flee away from the place of occurrence.

Learned counsel for the petitioner submits that the name of the petitioner has come in the confessional statement of

Patna High Court Cr.Misc. No.43712 of 2016 (2) dt.17-10-2016 Jawahir Paswan except that there is nothing against him. It is further submitted that petitioner has no criminal antecedent. Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Chhatauni P.S. Case No. 115 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T