Bhikhar Sahani @ Bikhhar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30620 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhikhar Sahani @ Bikhhar Sahani, S/o- Late Amar Sahani Resident of Village- Majharia, P.S.- Pipra Kothi, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 47(A), 53(C), 54 of Bihar Excise Amendment Act, 2016.

65 litres sprit is said to have been recovered behind the house of the petitioner for which petitioner is in jail custody since 12.04.2016.

Submission on behalf of the petitioner is that neither the said recovery has been made from conscious possession of the petitioner nor from his house and as a matter of fact, the petitioner

Patna High Court Cr.Misc. No.30620 of 2016 (2) dt.08-08-2016 2/2 has falsely been implicated in this case by the police. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner does not have any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra Kothi P.S. Case No. 36 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T