Mohan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49718 of 2016 Arising Out of PS.Case No. -149 Year- 2016 Thana -KATIHAR MUFFASIL District- KATIHAR ====================================================== Mohan Sahani s/o Ramashish Sahni R/o -Nayatola Tingachhia P.S- Nagar, Distt - Katihar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate.

For the Opposite Party : Mr. Anuj Kumar Srivastava, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2016 Heard both sides.

The petitioner apprehends his arrest in Katihar Muffasil P.S. Case No. 149 of 2016 registered for the offences punishable under Section 47(A) of the Bihar Excise Act.

The informant alleged that country made liquor was recovered from the hut of the petitioner situated by the side of the road in a lonely place.

Learned counsel for the petitioner submits that the petitioner was not residing in the hut. The hut is situated by the side of the road. The country made liquor was not recovered from conscious possession of the petitioner.

Considering the facts aforesaid the petitioner above named, in the event of his arrest or surrender before the court

Patna High Court Cr.Misc. No.49718 of 2016 (2) dt.21-12-2016 2/2 below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Chief Judicial Magistrate, Katihar in Katihar Muffasil P.S. Case No. 149 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T