Patna High CourtCR. MISC./57353/2015bail granted

Sonu Patel v. The State Of Bihar

2016-01-21Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57353 of 2015 Arising Out of PS.Case No. -32 Year- 2009 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sonu Patel, Son of Nagendra Prasad, Resident of Bakhariya, P.S.- Majhauliya, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate For the State : Mr. Murlidhar (APP) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 21-01-2016 Heard learned counsel for the petitioner and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 47(a), 47(f) of the Excise Act. It is alleged that 300 litres of country made liquor and 120 litters of spirit were recovered.

It is contended on behalf of the petitioner that there is no recovery from his possession or residence and though the place of recovery has been shown to be a place belonging to the petitioner and co-accused Nikku Patel but the Sub-Inspector of Police who made seizure did not explain as to how he came to the conclusion that the aforesaid place belongs to the petitioner. It is further contended that the petitioner's antecedent is clean. Having regard to the facts and circumstances of the case, let

Patna High Court Cr.Misc. No.57353 of 2015 (2) dt.21-01-2016 the abovenamed petitioner, namely, Sonu Patel, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Trial No. 1344/15 Excise Case No. 32/09 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Shri L.N. Tripathi, Judicial Magistrate, Ist Class, Bettiah, West Champaran subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) SC/- U T