Patna High CourtCR. MISC./26936/2017bail granted

Raushan Kumar And ANR v. The State Of Bihar

2017-07-07Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26936 of 2017 Arising Out of PS.Case No. -338 Year- 2016 Thana -MUFFASIL District- WEST CHAMPARAN (BETTIAH) ======================================================

1. Raushan Kumar, S/o Teni @ Naresh, resident of Village- Lalgarh, P.S.- Bettiah (Mufassil), District- West Champaran.

2. Manogi Sah @ Manodi Sah, S/o Late Asharfi Sah, resident of VillageLalgarh, P.S.- Bettiah (Mufassil), District- West Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 07-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Bettiah (Mufasil) P.S. Case No. 338 of 2016 registered for the offences punishable under Sections 420, 272, 273 and 47(a)/51 of the Bihar Excise Amendment Act, 2016. It is stated by the learned counsel for the petitioners that the case of the petitioners is identical to that of co-accused Anwarul Mian, who has been granted bail vide order dated

Patna High Court Cr.Misc. No.26936 of 2017 (2) dt.07-07-2017 2 / 2 06.04.2017 passed in Cr. Misc. No.14595 of 2017 by a coordinate Bench of this Court. It is further submitted that this case has been instituted prior to the enactment of Bihar Prohibition and Excise Act, 2016.

Considering the submissions made above, the petitioners are directed to 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 Special Judge (Excise), West Champaran, Bettiah in connection with Bettiah (Mufasil) P.S. Case No. 338 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender within a period of six weeks from today.

(Ashwani Kumar Singh, J.) Sanjeet/- U T