Swaminath Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55896 of 2019 Arising Out of PS. Case No.-236 Year-2019 Thana- BARHARIA District- Siwan ====================================================== SWAMINATH PASI S/o Nathuni Pasi R/o village- Aurai, P.S.- Barharia, District- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barharia P.S. Case No.236 of 2019 registered under Sections 272, 273 and 308 of the Indian Penal Code besides Sections 34(B), 36 and 38 of the Bihar Prohibition and Excise Act.

The accusation is of recovery of one container, containing 5 liters Mahua liquor, in front of the house of the petitioner.

Learned counsel for the petitioner submits that the alleged recovery was not made from the house of the petitioner rather the same was made in front of the house of the petitioner.

Patna High Court CR. MISC. No.55896 of 2019(2) dt.03-09-2019 2/2 The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-cumSpecial Judge, Excise, Siwan, in connection with Barharia P.S. Case No.236 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T