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Patna High CourtCR. MISC./45826/2016bail granted

Paharu Nat And ORS v. The State Of Bihar

2016-11-25Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45826 of 2016 Arising Out of PS.Case No. -359 Year- 2016 Thana -MARHAURA District- SARAN ======================================================

1. Paharu Nat

2. Raju Nat

3. Chandeshwar Nat

4. Dinesh Nat all 4 above are Sons of Saral Nat

5. Bala Nat

6. Prakash Nat

7. Bullet Nat all 3 above are sons are Dinesh Nat All are resident of VillageBajit Bhorahan, Police Station-Marhowrah, District-Saran (Chapra) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parijat Saurav For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-11-2016 Heard both sides.

The petitioners apprehend their arrest in Marhowrah P.S. case No. 359 of 2016 under Section 188, 308 of the Indian Penal Code and under Section 47-A, 54 of the Bihar Excise Amendment Act, 2016.

The informant raided an open field and recovered 50 liters of country made Mahua liquor. The informant alleged that petitioners were preparing country made liquor and selling the same.

It is submitted that petitioners have falsely been

Patna High Court Cr.Misc. No.45826 of 2016 (2) dt.25-11-2016 2/2 implicated in the case. Nothing has been recovered from the possession of the petitioners. The petitioners are not the owners of the place.

Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged 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 Additional Chief Judicial Magistrate-II, Saran at Chapra in Marhowrah P.S. Case No. 359 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T