Rajwansh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36968 of 2016 Arising Out of PS.Case No. -434 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Rajwansh Bind Son of Nagina Bind Resident of Village- Kadirganj, P.S Darigaon, District Rohtas Sasaram .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Mishra For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sasaram (Town) Darigaon Police Station Case No. 434 of 2016, disclosing offences under Sections 272/273 of the Indian Penal Code and Section 47 (a) of the Excise Act.

Kept in a container, 14 litres of country made liquor was recovered by the Police on the basis of a secret information that liquor was being sold. From the First Information Report, it appears that the name of the petitioner surfaced on the basis of statement of seizure-list witnesses, who disclosed the name of the petitioner as the person involved in the sale of country made liquor. Learned Counsel for the petitioner has submitted that the place from where country made liquor was recovered does not belong to the petitioner nor the

Patna High Court Cr.Misc. No.36968 of 2016 (2) dt.19-09-2016 2/2 same was in his possession in any manner whatsoever. He has also submitted that the petitioner has no criminal antecedent and statement to this effect has been made in paragraph 3 of this application.

Considering the above submission, this application is allowed.

Let the petitioner, Rajwansh Bind, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram (Rohtas), in connection with Sasaram (Town) Darigaon Police Station Case No. 434 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √