Patna High CourtCR. MISC./23652/2016bail granted

Sibendra Bhatta And ORS v. The State Of Bihar

2016-05-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23652 of 2016 Arising Out of PS.Case No. -75 Year- 2016 Thana -SARAI RANJAN District- SAMASTIPUR ======================================================

1. Sibendra Bhatta son of Birendra Bhatta

2. Ram Babu Mahto, son of Late Raj Kumar Mahto

3. Ram Ekwal Sahani son of Deo Narayan Sahani

4. Bablu Bhatta son of Late Rabindra Bhatta .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlesh Kumar Pathak For the Opposite Party/s : Mr. P.K.Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 188, 224, 225, 341, 323, 353, 355, 379, 34 of the Indian Penal Code and Section 47(a) of the Excise Act.

The prosecution case is that on the complaint of some of the villagers of Raipur Bujurg that owner of the licensee liquor shop Arbind Kumar and his staffs are selling the liquor on the eve of Holi festival in contravention of the dry day being declared by the District Magistrate the enquiry was made when the police reached to the spot and apprehended the staffs of the liquor shop and seized some of the bottles but the owner of the shop, with the help of others got released the apprehended persons and thereby they abstracted the police in performing the official duties.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.23652 of 2016 (2) dt.26-05-2016 2/2 petitioners that accusation is omnibus and general against the petitioners.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Sarairanjan P.S. Case No. 75 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T