Patna High CourtCR. MISC./15899/2016bail granted

Chandan Bharti v. The State Of Bihar

2016-06-27Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15899 of 2016 Arising Out of PS.Case No. -39 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. District- SIWAN ====================================================== Chandan Bharti, Son of Satyendra Bharti, Resident of Village - Banka Jua Mathia, Police Station - Bhagwanpur, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with C-III, 39 of 2015, Tr. No.3680 of 2016 for allegedly having committed the offence under Section 47A of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is residing in a joint family house and though recovery was made from the underground shelf of the house, no recovery was made from the conscious possession of the petitioner. It is further submitted that the seizure list has not been signed by any of the family members.

Considering the aforementioned facts and

Patna High Court Cr.Misc. No.15899 of 2016 (3) dt.27-06-2016 2/2 circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Siwan, in connection with C-III, 39 of 2015, Tr. No.3680 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T