Patna High CourtCR. MISC./42615/2016bail granted

Md. Saheb v. The State Of Bihar

2016-10-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42615 of 2016 Arising Out of PS.Case No. -114 Year- 2016 Thana -KHAIRA District- SARAN =====================================

1. Md. Saheb, S/o Shri Hasim Mian, Resident of VillageKadipur, P.S.- Khaira, (Nagar O.P.), District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yashraj Bardhan, Adv. For the Opposite Party/s : Mr. Ahtash Ali Khan, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Khaira P.S. Case No. 114 of 2016, disclosing offences under Section 414 read with Section 34 of the Indian Penal Code and Section 47 of the Bihar Excise Act. Allegedly, three persons were found riding a motorcycle and on being intercepted by the police one of them fled away. From the other two persons, the police recovered 375 ML. of foreign liquor.

Learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.42615 of 2016 (2) dt.21-10-2016 2/2 that on the basis of the statement of the said two persons before the police, the petitioner has been made accused in this case as the third persons who had fled away. Considering the nature of accusation, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Saran at Chapra, in connection with Khaira P.S. Case No. 114 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/-c U T