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Patna High CourtCR. MISC./37600/2017allowed

Arvind Kumar v. The State Of Bihar

2017-09-01Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37600 of 2017 Arising Out of PS. Case No.-126 Year-2016 Thana- BOCHHA District- Muzaffarpur ====================================================== Arvind Kumar Son of Pahalad Sah @ Prahladi Sah, R/o Village- Tengrari, P.S.- Siwaipatti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mr. SRI PARMESHWAR MEHTA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-09-2017 Heard learned counsels for the petitioner and the State. Petitioner apprehends arrest in connection with Bochahan P.S. Case No. 126 of 2016 registered for the offence punishable under sections 272, 273, 290 of the Indian Penal Code and sections 47, 47(a), 48(iii), 51, 53 of the Bihar Excise Amendment Act, 2016.

Learned counsels appearing for the petitioner submits that nothing has been recovered from the possession of the petitioner. Falsity of the case is clear from the fact that even the seizure list witness is not of the same locality. Search and seizure has not been done in accordance with the prescribed procedure. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case and the submissions of advanced on behalf of the parties, let the

Patna High Court Cr.Misc. No.37600 of 2017(3) dt.01-09-2017 2/2 petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Muzaffarpur in connection with Bochahan P.S. Case No. 126 of 2016 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T