Munna Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31362 of 2018 Arising Out of P.S.Case No. -280 Year- 2017 Thana -BARHARIA District- SIWAN ======================================================
1. Munna Giri S/o Parmanand Giri @ Parmanand Parvat, R/o Vill.- Babuhata, P.S.- Barharia, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks pre-arrest bail in connection with Siwan P.S. Case No.280 of 2017 registered for the offences under Sections 272, 273, 308/34 of I.P.C and under Section 35 (A), 35(B), 36 of Bihar Excise Amendment Act, 2016. Accusation is that on receiving secret information about selling of Indian Liquor by Satyendra Giri, Dilip Giri and this petitioner Munna Giri, the informant and other police officials reached in village Babuhata and started search in the field but taking the advantage of the darkness all fled away. In the presence of the witnesses, 12 cartoons containing 520 bottles each containing 180 ml of Indian Foreign Liquor was seized. The
Patna High Court Cr.Misc. No.31362 of 2018 (2) dt.12-06-2018 2/2 villagers also disclosed about indulgence of aforesaid persons. Learned counsel appearing on behalf of the petitioners submits that, in fact, it would appear from the F.I.R. that petitioner was not apprehended on the spot rather name of the petitioner has been disclosed by the villagers having hand in selling illicit liquor. He has got no criminal antecedent.
Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender before the learned Court below within six weeks from today be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-II, Siwan in Siwan P.S. Case No.280 of 2017 subject to the condition as laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) AnilKrSinha/-sunil U T