Patna High CourtCR. MISC./54493/2016bail granted

Lal Babu Sahni v. The State Of Bihar

2016-12-22Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54493 of 2016 Arising Out of PS.Case No. -239 Year- 2016 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Lal Babu Sahni, S/o Late Jamuna Sahni, resident of Village- Badarjimi, P.S.- Mirganj, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Rakesh For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-12-2016 Heard the Counsel for the petitioner and the APP for the State.

The petitioner seeks anticipatory bail in Mirganj P.S. Case No. 239 of 2016 (G.R. No. 2621 of 2016) registered under Sections 272, 273/34 of the Indian Penal Code and Section 47(A) of Bihar Excise Amendment Act, 2016.

The recovery of 242 ltrs. of raw spirit was made from an open field. It is submitted that only on suspicion, the informant has alleged that the same belonged to the petitioner. There is no convincing material thereto. The petitioner has clean antecedent and further undertakes not to involve in any such crime, if granted privilege of bail.

Considering the same, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed

Patna High Court Cr.Misc. No.54493 of 2016 (2) dt.22-12-2016 2/2 is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in Mirganj P.S. Case No. 239 of 2016 (G.R. No. 2621 of 2016) subject to the condition as laid down under Section 438(2) of the Cr.P.C. with further condition that one of the bailers shall be the own/close family members of the petitioner. In case the petitioner is found involved in any crime of similar nature during the subsistency of the privilege of bail, the same shall be construed as a breach of condition of bail entailing cancellation of bail bonds.

(Kishore Kumar Mandal, J) Pankaj/- U T