Bipin Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61757 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== Bipin Giri, S/o Late Sheetal Giri, R/o village- Jagapakar (Giri Tola), P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Harsidhi P.S. Case No. 207 of 2019, registered under Sections 272, 273, 420 and 188/34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016.

The accusation is of recovery of 26 cartoons each containing 48 bottles of 180 ml Indian made foreign liquor from the hut of Durga Yadav whereas 64 cartoons each containing 24 bottles of 375 ml Indian made foreign liquor from the house of Durga Yadav. On seeing the police party, Sone Lal Yadav, Durga Yadav, Sunil Thakur, Bipin Giri (petitioner) and Upendra Prasad succeeded to flee away. On query, informant came to know that the aforesaid bottles of liquor were concealing by Sone Lal Yadav, Durga Yadav, Sunil

Patna High Court CR. MISC. No.61757 of 2019(2) dt.14-10-2019 2/2 Thakur, Bipin Giri (petitioner) and Upendra Prasad. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the alleged bottles of liquor are said to be recovered from the hut of co-accused, Sone Lal Yadav and Durga Yadav but the petitioner, who is the co-villager of Sone Lal Yadav and Durga Yadav, has falsely been implicated in this case mere on suspicion. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned IXth Additional Sessions Judge-cumSpecial Judge, Excise, East Champaran, Motihari, in connection with Harsidhi P.S. Case No. 207 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T