Patna High CourtCR. MISC./5516/2016bail granted

Sudhir Singh @ Sudhir Kumar Singh v. The State Of Bihar

2016-03-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5516 of 2016 Arising Out of PS.Case No. -313 Year- 2012 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Sudhir Singh @ Sudhir Kumar Singh Son of Late Bindeshwari Singh resident of village - Minapur, P.S. Hajipur Town, Distt. - Vaishali .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 272, 273 and 34 of the Indian Penal Code and 47A of the Excise Act.

Allegation against the petitioner is that during raid from a hut type shop, which belongs to both petitioner and co-accused Satyendra Rai, a number of bottle and pouch of different size containing wine were recovered. Petitioner managed to flee away but his name surfaced on the basis of confession of the aforesaid co-accused.

It is submitted on behalf of the petitioner that he has got no criminal antecedent. He has been made accused due to mistake of fact. Except for the confessional statement, there is no other material to suggest his implication in the present case. It is further submitted that he is ready to deposit an amount of Rs. 25,000/- in the court below which shall be subject to the final disposal of the case.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.5516 of 2016 (2) dt.18-03-2016 2/2 Considering the aforesaid facts and circumstances, it is directed that petitioner shall deposit an amount of Rs.25,000/- in the court below which shall be subject to the final disposal of the case.

Let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hajipur (Vaishali), in connection with Hajipur Town P.S. Case no. 313 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T