Mohan Dhangar @ Mohan Dhanger Dhangar v. The State Of Bihar

Patna High Court Cr.Misc. No.55032 of 2016 (2) dt.23-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55032 of 2016 Arising Out of PS.Case No. -212 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mohan Dhangar @ Mohan Dhanger Dhanger, son of Late Sukhal Dhangar, Resident of Village- Harpurwa Dhangarpatti, Police Station- Yogapatti, District- West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party/s : Mr. Sri Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Yogapatti P.S. Case No. 212 of 2016 registered under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of the Bihar Excise Act.

The accusation is that in course of raid one litre country made liquor in a plastic bottle was recovered from the hut. The villagers, who were present there, disclosed that the same hut was belonging to this petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to ulterior

Patna High Court Cr.Misc. No.55032 of 2016 (2) dt.23-12-2016 motive. It is further submitted that the petitioner was not present at the time of raid rather the villagers, who were present there, have disclosed the name of this petitioner. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his 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, Bettiah, West Champaran, in connection with Yogapatti P.S. Case No. 212 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