Madan Prasad @ Madan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41160 of 2016 Arising Out of PS.Case No. -200 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Madan Prasad @ Madan Sah, Son of late Faudaar Sah, Resident of Village Sehdani, PS Saraiya, District Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Satya Prakash, Advocate. For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-09-2016 Heard both sides.
The petitioner apprehends his arrest in Saraiya P.S. Case No. 200/2016 registered under Sections 47(a), 47(c), 47(e), 47(f) of the Bihar Excise (Amendment) Act, 2016. The police got secret informant and, on such, raided the house of Santosh Chaudhary. The informant seized many articles 'liquor' from the house of Santosh Chaudhary. It is alleged that Madan Prasad was used to provide bottles to Santosh Chaudhary for running his business of liquor. From perusal of the F.I.R. itself, it appears that the house of the petitioner was not raided and nothing has been recovered from the house of the petitioner. The petitioner is only alleged to provide bottles to Santosh Chaudhary. Supply of bottle does not come within the purview of any of the offences under the
Patna High Court Cr.Misc. No.41160 of 2016 (2) dt.29-09-2016 2/2 Bihar Excise Act much less only suspicion of supply of bottle is made against the petitioner.
Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, West, Muzaffarpur in Saraiya P.S. Case No. 200/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T