Naresh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58051 of 2015 Arising Out of PS.Case No. -173 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Naresh Rai son of Shyamdev Rai, resident of village + P.S.- Mushahari, District- Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s Appearance :
For the State : Mrs. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-03-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 272 and 273 of the Indian Penal Code 47A of the Excise Act.
Allegation against the petitioner is that from his house spirit and other liquors have been recovered. It is submitted on behalf of the petitioner that he has got no criminal antecedent. He has been made accused due to mistake of fact. There is no circumstantial evidence to suggest his implication in the present case. It is further submitted that petitioner is ready to deposit an amount of Rs. 20,000/- in the court below which shall be subject to the final disposal of the case On behalf of the State, it is submitted that petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed to the petitioner that he shall deposit an amount of Rs.20,000/- in the court below which shall be subject to the final disposal of the case.
Patna High Court Cr.Misc. No.58051 of 2015 (2) dt.10-03-2016 2/2 Let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Gaurav Kamal, learned Sub-Judge-III cum Addl. Chief Judicial Magistrate, Muzaffarpur, in connection with Mushahari P.S. Case no. 173 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) sudip/- U T