Harishchandra Bhagat @ Hari Chandra Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19227 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Harishchandra Bhagat @ Hari Chandra Bhagat sonof Kishori Bhagat

2. Shila Devi w/o Harishchandra Bhagat @ Hari Chandra Bhagat Both r/o Majhauliya Partapur Chow (Jai Bajrang Chowk), P.S. Mehsi District- East Champaran .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Mehsi (Jai Bajrang Chowk O.P.) P.S.Case No. 37/2016, disclosing offences under sections 272, 273/34 of the Indian Penal Code and section 47(a) of the Bihar Excise Act. The petitioners are owners of a grocery shop. In course of raid conducted by the police, few bottles of Indian wine were recovered and seized.

Learned counsel for the petitioners has submitted that implication of these petitioners is an artifact of the police personnel, since the petitioners did not oblige them on the

Patna High Court Cr.Misc. No.19227 of 2016 (2) dt.16-05-2016 occasion of Holi festival. He has further submitted that the petitioners have no criminal antecedent and there is no likelihood that they would be fleeing from the course of investigation or trial, if granted anticipatory bail.

Considering the above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in Mehsi (Jai Bajrang Chowk O.P.) P.S.Case No. 37/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U