Raj Kumar @ Raj Kumar Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50189 of 2016 Arising Out of PS.Case No. -235 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ====================================================== Raj Kumar @ Raj Kumar Shah Son of Sh. Dhanuk Shah Resident of village - Bherokhara, P.S. Tajpur, District Samastipur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 272 and 273 of the Indian Penal Code read with Section 47 of the Excise Act read with Section 54/57 of the New Bihar Excise (Amendment) Act.

Allegation against petitioner is that 287 litres of foreign liquor was recovered in Zenera field behind the house of petitioner.

It is submitted on behalf of petitioner that he has falsely been implicated in the present case. There is no allegation of tampering of witnesses against petitioner. It is alleged that 287 litres of foreign liquor is said to have been recovered. Petitioner denied the allegation. There is no compliance of Section 100 of the Code of Criminal Procedure.

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

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his/her arrest or surrender in the court below within a period of six weeks, be released on bail

Patna High Court Cr.Misc. No.50189 of 2016 (2) dt.23-11-2016 2/2 on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Tajpur P.S. Case no. 235 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sudip/- U T