Prince Kumar @ Mithai Lal v. The State Of Bihar

Patna High Court Cr.Misc. No.10932 of 2016 (2) dt.25-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10932 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Prince Kumar @ Mithai Lal S/o Madan Prasad Resident of Village- Semra Bajar , P.s Turkaulia Distt East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party : Mr. M.K.Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Turkaulia P.S. Case No. 09 of 2016 for the offences instituted under Sections 272 and 273 of the Indian Penal Code and Section 47A of the Excise Act.

As per the prosecution case, the informant got information that one Sandeep Kumar had kept illegal liquor at his home, the informant along with police personnel made raid at the house of one Sandeep Kumar, however, he fled away and recovered spirit about 1200 liters from the possession of the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been

Patna High Court Cr.Misc. No.10932 of 2016 (2) dt.25-04-2016 made accused due to mistake of fact. There is no recovery from the conscious possession of the petitioner. Petitioner has been made accused merely on the basis of suspicion. It is further submitted that the petitioner is ready to deposit an amount of Rs.20,000/- in the court below which shall be subject to the final disposal of the case.

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

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.20,000/- in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Turkaulia P.S. Case No. 09 of 2016 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T