Satya Narayan Uraon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84258 of 2019 Arising Out of PS. Case No.-577 Year-2019 Thana- BAGHA District- West Champaran ====================================================== Satya Narayan Uraon (M), age about 40 years, Son of Naresh Mahto Resident of Village - Barwasani, Ward No. 14, P.S.- Bhairoganj, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :
Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-01-2020 The present case has been brought under the heading "To be Mentioned" pointing out some typographical error in the order dated 18.12.2019 granting regular bail to the petitioner in connection with Bagaha (Bhairoganj) P.S. Case No. 577 of 2019.
Learned counsel for the petitioner submits that by the aforesaid order dated 18.12.2019, the petitioner was granted regular bail but, due to typographical mistake, the order has been typed as if the petitioner has been granted anticipatory bail. The contention of the petitioner appears to be correct. Accordingly, let the order no.2 dated 18.12.2019 be treated to have been deleted and the following will be the order dated 18.12.2019:-
Patna High Court CR. MISC. No.84258 of 2019(3) dt.13-01-2020 2/3 "Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Bagaha (Bhairoganj) P.S. Case No. 577 of 2019 registered for offences under sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The police has recovered 150 litres of illegal wine from a covered ditch.
Learned counsel for the petitioner submits that it is half made liquor and it is not the land of the petitioner from where the liquor has been recovered. He further submits that there is no criminal history against the petitioner. Looking to the entire facts and circumstances of the case, 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 learned Special Judge, Excise, Bettiah, West Champaran in connection with Bagaha (Bhairoganj) P.S. Case No. 577 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make
Patna High Court CR. MISC. No.84258 of 2019(3) dt.13-01-2020 3/3 prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds."
(Shivaji Pandey, J) rishi/- U T