Sibhu Uraw And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.34880 of 2018 (2) dt.20-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34880 of 2018 ======================================================

1. Sibhu Uraw son of Mahendra Uraw

2. Nogen Uraw son of Gopi Uraw

3. Somra Uraw son of Sukhina Uraw

4. Golabi Devi @ Gulabi Uraw Daughter of Late Soma Uraw

5. Jitio Uraw @ Jitiyo Uraw son of Dibru Uraw

6. Sibindra Uraw son of Pocha Uraw

7. Ranjit Uraw son of Jiv Lal Uraw

8. Balku Uraw @ Buko Uraw son of Lachu Uraw

9. Panchani Devi W/o- Late Rubi Uraw All are resident of village- Tipijahari, P.S.- Pothia, DistrictKishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Singh, Adv. For the Opposite Party/s : Mr. Nazir Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Pothia Police Station Case No. 24 of 2018, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) and 30(d) of the Bihar Excise Act, 2016. Learned counsel for the petitioner has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the alleged recovery of country-made liquor was made from the house of Sibu Uraw, which is evident from seizure list and the petitioners have no

Patna High Court Cr.Misc. No.34880 of 2018 (2) dt.20-06-2018 concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, -cum- Special Judge, Kishanganj, in connection with Pothiya Police Station Case No. 24 of 2018, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T