Satyendra Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.26376 of 2015 (2) dt.20-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26376 of 2015 Arising Out of PS.Case No. -63 Year- 2015 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Satyendra Singh son of Saryug Singh Resident of village- Chakrabe Menihyari, P.S.- Sakra, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of the Excise Act.

The prosecution case, in short, is that Surendra Kumar Mishra, officer-in-charge of Sakra Police Station has filed written application on 3.2.2015 stating therein, inter alia, that he got secret information that illicit liquor was being sold out openly at Mohan Chowk. He along with other police personnel went there and saw that two shops of cold drinks were opened. On enquiry, they were informed that they belong to one Bandhu Das and the petitioner. In presence of the villagers, the search was made and 48 pieces of

Patna High Court Cr.Misc. No.26376 of 2015 (2) dt.20-07-2015 200 ml. country made liquor were recovered from the shop of the petitioner.

On behalf of the petitioner, it is submitted that the petitioner has been made accused due to mistake of fact. It is further submitted that the petitioner has been falsely implicated in the present case due to village politics. In fact there is no such recovery from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the first information report.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender in the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 63/2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Sudhir Singh, J) V.P.Sinha/- U