Patna High Court - Orders
Manik Chandra Ray @ Manik Chandra Rai vs The State Of Bihar on 7 February, 2018
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1671 of 2018
Arising Out of PS. Case No.-300 Year-2017 Thana- BARSOI District- Katihar
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Manik Chandra Ray @ Manik Chandra Rai S/o Jyatindra Roy, R/o Villaghe-
Chaundi, P.S.- Barsoi, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Karuna Nath Sahay
For the Opposite Party/s : Mr. RAM SUMIRAN ROY
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 07-02-2018Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 420 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, in short, is that 3 liters toddy is recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the premises in question belongs to the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 3 liters toddy is recovered from the Patna High Court Cr.Misc. No.1671 of 2018(3) dt.07-02-2018 2/2 premises in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cum-Special Judge, Excise, Katihar in connection with Barsoi P.S. case No.300 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/-
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