Patna High CourtCR. MISC./1354/2015bail granted

Mahesh Rai v. The State Of Bihar

2015-01-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1354 of 2015 Arising Out of PS.Case No. -922 Year- 2014 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Mahesh Rai, Son of Late Saryug Rai, Resident of Mohalla- Pandey Gaili Motijhee, P.S.- Town, District - Muzaffarpur, at present Ezazi Marg Kurmi Tola, Tailakmaidan Road, P.S. - Town, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate. For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-01-2015 Heard both sides.

The petitioner Mahesh Rai apprehends his arrest in Town P.S. Case No. 922 of 2014, registered for the offences punishable under Section 47(A) of the Excise Act and other Sections of the Indian Penal Code.

The S.H.O. of Town alleged that he raided the wine shop of the petitioner and the wine shop was found closed but one Birendra Sah was apprehended found selling liquor. Learned counsel for the petitioner submits that son of the petitioner Ravi Kumar is a licensee and the period of license had expired. Even the son of the petitioner was not found in the licensee shop. One Birendra Sah was apprehended. Name of the petitioner has figured in this case and it is shown that by the side

Patna High Court Cr.Misc. No.1354 of 2015 (2) dt.13-01-2015 of the petitioner's shop the recovery was made. It appears that the shop was closed. Son of the petitioner was licensee of the shop and one Birendra Sah was apprehended while selling wine by the side of the shop of the petitioner.

Considering the facts aforesaid, the petitioner, 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, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 922 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T