Patna High CourtCR. MISC./46922/2017bail granted

Mahendra Sah v. The State Of Bihar

2017-10-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 46922 of 2017 Arising Out of PS. Case No.-147 Year-2017 Thana- Lauriya District- West Champaran ====================================================== Mahendra Sah, Son of Hari Sah, resident of Village- Hathiya Machhargawan, Police Station- Jogapatti, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Sri Brij Kishor Mishra, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Lauria P.S. Case No. 147 of 2017 registered for offence under Sections 272, 273, 420, 467, 468, 471, 120(B), 414 of the Indian Penal Code and Sections 30(a), 35(a), 36, 38, 41, 47 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that save and except confessional statement of co-accused, there is no other material to connect the petitioner. Nothing was recovered from the conscious possession of the petitioner. It has been argued that though, petitioner was earlier made accused in one case, but that is not related with Excise Act.

Patna High Court Cr.Misc. No.46922 of 2017(2) dt.17-10-2017 2/2 Considering the fact that petitioner's name has come on the basis of confessional statement of the co-accused, there is no reason to deny the prayer for anticipatory bail of the petitioner. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Mahendra Sah be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, District - West Champaran in connection with Lauria P.S. Case No. 147 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T