Jagat Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4388 of 2017 Arising Out of PS.Case No. -364 Year- 2016 Thana -NAUTAN District- WEST CHAMPARAN (BETTIAH) ======================================================
1. Jagat Singh, son of Late Raghuni Singh, Resident of Village and P.O. Mangalpur Gudariya, P.S. Nautan, District- West Champaran at Bettiah.
2. Ramu Sah, son of Bishun Sah, Resident of Village- Mangalpur Kala, P.O. Mangalpur Kala, P.O. Mangalpur Gudariya, P.S. Nautan, DistrictWest Champaran at Bettiah. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms. Anita Kumari, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioners and the State.
The petitioners seek anticipatory bail in a case instituted for the offence under Sections 13A/36 of the Bihar Excise Act, 2016.
It is alleged in the written report that one person carrying a plastic bag was coming from the side of Tengrahi Ghat. On seeing the police he tried to run away after throwing the bag, but he was apprehended and disclosed his name as Baleshwar Manjhi. On search, 90 bottles of country made liquor was recovered from the plastic bag. He disclosed that the liquor
Patna High Court Cr.Misc. No.4388 of 2017 (2) dt.13-02-2017 2/2 belongs to the petitioner. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent. From the written report itself it appears that there is no recovery of any illicit liquor from the possession of the petitioner. The name of the petitioner has been disclosed by the person who was apprehended by the police on the spot. Considering the facts and circumstances of the case, let the petitioners above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Nautan P.S. Case No. 364 of 2016, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, West Champaran at Bettiah, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
(Sanjay Priya, J) S.Ali/- U T