Patna High CourtCR. MISC./36748/2016bail granted

Arun Kewat v. The State Of Bihar

2016-09-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36748 of 2016 Arising Out of PS.Case No. -133 Year- 2016 Thana -ALOULI District- KHAGARIA ======================================================

1. Arun Kewat S/o Dasrath Kewat Resident of village- Dakshni, Bahorba, P.S.- Alauli, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Alauli Police Station Case No. 133 of 2016, disclosing offences under Section 47(a) of the Bihar Excise Act.

Learned Counsel for the petitioner submits that the First Information Report has been lodged by private persons, which is not permissible under the Bihar Excise Act, 1915. He has submitted that the seizure has been done on the basis of materials recovered by the private persons.

Considering the above submission, this application is allowed.

Patna High Court Cr.Misc. No.36748 of 2016 (2) dt.06-09-2016 2/2 Let the petitioner, Arun Kewat, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Alauli Police Station Case No. 133 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √