Kanhaiya Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21418 of 2017 Arising Out of PS.Case No. -348 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Kanhaiya Pasi son of Late Buni Pasi resident of Village - Khajurbani, P.S. Gopalganj, Distt. - Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2017 Heard learned counsel for the petitioner and the State.

The petitioner is accused in Gopalganj Town P.S. Case No. 348 of 2016 for the offences punishable under Sections 328, 304, 120(B)/ 34 of the Indian Penal Code and Section 50(a)(b)(c) of the Bihar Excise Amendment Act, 2016. From the FIR it appears that the Police Inspector lodged the FIR on the basis of the statement of the victim of spurious liquor. In the FIR there is specific assertion that the victim consumed liquor at the residence of Nagina Pasi, who used to sell such illicit liquor. In the FIR the name of the petitioner and several others have been mentioned as they are involved in manufacturing and selling of illicit liquor including this petitioner.

Patna High Court Cr.Misc. No.21418 of 2017 (4) dt.05-06-2017 2/2 It appears that other co-accused, namely, Chhotu Pasi, Lalbabu Pasi, Laljhari Devi and Reeta Devi having similar allegation levelled in the FIR, have been granted bail by this Court vide orders as contained in Annexure-2 series. In view of the fact that similarly circumstanced other co-accused have been granted bail by this Court by different orders as contained in Annexure-2 series, let the petitioner above named, be released 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, Gopalganj in connection with Gopalganj Town P.S. Case No. 348 of 2016, subject to the condition that the petitioner will extend full co-operation in conclusion of the trial and will not, in any manner, influence the witnesses.

(Anil Kumar Upadhyay, J) S.Pandey/- U T