Patna High CourtCR. MISC./54869/2016bail granted

Gambhir Sahani v. The State Of Bihar

2016-12-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54869 of 2016 Arising Out of PS.Case No. -124 Year- 2015 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Gambhir Sahani .... .... Petitioner

Versus

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

For the Petitioner : Mr. Abhishek Kumar, Advocate. For the Opposite Party : Mr. Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2016 A supplementary affidavit has been filed on behalf of learned counsel for the petitioner. The same may be kept on the record. In light of supplementary affidavit, learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 3 of the petition, in course of the day.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Rajepur P.S. Case No. 124 of 2015 for the offences instituted under Sections 272, 273 of the IPC and 47(a) of the Bihar Excise Act.

The prosecution story, in brief, is that the informant recovered 400 liters illicit country made liquor, gas cylinder, stove and plastic pipe from the house of the petitioner.

Patna High Court Cr.Misc. No.54869 of 2016 (2) dt.22-12-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. 400 liters illicit country made liquor and other articles are said to have been recovered from the house of the petitioner. There is no compliance of Section 100 Cr. P.C. 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, 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 Rajepur P.S. Case No. 124/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sadar at Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T