Patna High CourtCR. MISC./45017/2016bail granted

Shambhu Sah v. The State Of Bihar

2016-12-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45017 of 2016 Arising Out of PS.Case No. -225 Year- 2016 Thana -KOTWALI District- MUNGER ======================================================

1. Shambhu Sah son of Ram Chandra Sah @ Chandar @ Ram Chandra Nisad resident of Village- Dominiya Toli Bhugal Bazar, Police StationKotwali, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-12-2016 Heard.

Petitioner apprehends his arrest in connection with Kotwali P.S. Case No. 225 of 2016 registered under Section-47 of the Bihar Excise (Amendment) Act, 2016.

According to prosecution case itself, the alleged recovery was made from house of co-accused Sanjeev Kumar, who was arrested on the spot and, he disclosed that it was the petitioner who had given the seized liquor to him and for that, the petitioner used to make payment of Rs. 200/- per day to him. Submission on behalf of petitioner is that except the so called confessional statement of Sanjeev Kumar, there is nothing against the petitioner and as a matter of fact, the petitioner has been implicated in this case at the behest of his enemies.

Patna High Court Cr.Misc. No.45017 of 2016 (2) dt.19-12-2016 2/2 Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kotwali P.S. Case No. 225 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Munger subject to condition as laid down u/S 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T