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Patna High CourtCR. MISC./22076/2016bail granted

Rajendra Sah v. The State Of Bihar

2016-06-21Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22076 of 2016 =====================================

1. Rajendra Sah Son of Late Algu Sah Resident of village - Bad, P.S. Karakat, ( Gorari ), District - Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Pravin Kumar Gupta, Adv. For the Opposite Party/s :Mr. Ram Chandra Singh (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-06-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Dinara (Manas) P.S. Case No. 329 of 2015, disclosing offences under Sections 272,273,414/34 of the Indian Penal Code & section 47(A) of the Bihar Excise Act. The petitioner is not named in the First Information Report. He has been made accused as the owner of a motorcycle, bearing Registration No.-BR 24R5712. Allegedly, seeing the police, two persons, who were riding the motorcycle, fled away, leaving the

motorcycle and the articles loaded on that, behind. The police, thereafter, caused search and recovered country made liquor/mixed liquor, contained in 85 bottles each of 200 ML.

Learned counsel, appearing on behalf of the petitioner, has submitted that he has been falsely implicated in this case and has contended that though the said motorcycle belongs to him, the said country made liquor has nothing to do with the petitioner. It has also been submitted that the petitioner has no criminal antecedent.

In view of the submissions as above, this application is allowed. Let petitioner, above-named, in the event of his arrest/surrender within four weeks from today in the Court below 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 the learned S.D.J.M, Bikramganj (Rohtas) in connection with Dinara (Manas) P.S. Case No. 329 of 2015, subject to the conditions as 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 bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Arun Kumar/- U T