Patna High CourtCR. MISC./20436/2017bail granted

Jagarnath Sah v. The State Of Bihar

2017-06-13Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20436 of 2017 Arising Out of PS.Case No. -119 Year- 2016 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jagarnath Sah, Son of Late Bhikhar Sah, Resident of Village- Mirjapur, P.S.- Patahi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ansul For the Opposite Party/s : Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-06-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends his arrest in connection with Patahi P. S. Case No. 119 of 2016 instituted under Sections 272 and 273 of the Indian Penal Code and Sections 47, 51 and 52 of the Bihar Excise (Amendment) Act, 2016.

The allegation, in brief, is that two litres of illicit country made liquor were recovered from the house of the petitioner.

Learned counsel for the petitioner submits that due to inimical terms his own brother got the petitioner falsely implicated in this case. Petitioner was not present at the spot and the liquor, which was recovered from his house is of very small quantity and this case was lodged on 08.09.2016 before the

Patna High Court Cr.Misc. No.20436 of 2017 (2) dt.13-06-2017 2/2 latest amendment in the Excise Act and this petitioner has got no criminal antecedent.

Having considered the aforesaid facts and circumstances, let the petitioner, namely, Jagarnath Sah, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Patahi P.S.Case No.119 of 2016; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U