Patna High CourtCR. MISC./41135/2016bail granted

Rameshwar Ram v. The State Of Bihar

2016-09-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41135 of 2016 Arising Out of PS.Case No. -107 Year- 2016 Thana -CHAKIA DistrictEASTCHAMPARAN (MOTIHARI) =====================================

1. Rameshwar Ram, Son of late Dewaki Ram, Resident of Village- Balochak Paithaniya, P.S.- Chakiya, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s :Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s :Mr. Rajendra Singh Shastriji, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Chakia P.S. Case No. 107 of 2016, disclosing offences under Sections 272, 273 and 290 of the Indian Penal Code and Section 47(a) of the Bihar Excise Act. 69 liters of Toddy is said to have been recovered from the place, which, according to the petitioner, does not belong to him. It has been submitted on behalf of the petitioner that few persons, who were arrested at the place

Patna High Court Cr.Misc. No.41135 of 2016 (2) dt.28-09-2016 2/2 from where the seizure was made, have disclosed the name of this petitioner, as someone who was running the said business.

However, considering the submission that the place in question does not belong to this petitioner, this application is allowed. Let the petitioner, above named, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Chakia P.S. Case No. 107 of 2016 (G.R. Case No. 2219 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) Praveen-II/-c U T