Patna High CourtCR. MISC./42756/2016bail granted

Ramesh Pandit @ Ramesh Kumar v. The State Of Bihar

2016-10-06Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42756 of 2016 Arising Out of PS.Case No. -197 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Ramesh Pandit @ Ramesh Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s : Sir Pawan Kumar Chaurasiya, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Lakhisarai (Kabaiya) P. S. Case No. 197/2016 registered for the offence punishable under Sections 290 of the Indian Penal Code read with Sections 47 (A), 52 and 53 of Bihar Excise Amendment Act, 2016.

The prosecution case is that the police party found 100 bottles of 180 ml. of foreign liquor in the house of the petitioner. Learned counsel for the petitioner submits that he is residing at Ballamgarh Faridabad, Haryana and working there and the house has been given on rent and marriage of his sisters' son fixed on 18.06.2016. He further submits that nothing incriminating has been recovered from the possession of the petitioner and that

Patna High Court Cr.Misc. No.42756 of 2016 (2) dt.06-10-2016 2/2 he has no criminal antecedent, as is evident from para-3 of this application.

However, learned A.P.P. for the State submits that petitioner is not named in the F.I.R., hence, opposes the prayer for bail.

Be that as it may, since the petitioner has no criminal antecedent, let the petitioner named above, in the event of his arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S.Case no. 197/2016 (G.R. No. 508/2016), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Nilu Agrawal, J) Sudha/- U T