Bhola Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62159 of 2017 Arising Out of PS. Case No.-234 Year-2017 Thana- SALKHUA District- Saharsa ======================================================

1. Bhola Bhagat

2. Nitish Bhagat Both sons of Devendra Prasad Bhagat Resident of Village - Teliya Hat, P.S. Salkhua, Dist - Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. SRI SHYAMESHWAR DAYAL ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-12-2017 As prayed for, learned counsel for the petitioners is permitted to make necessary correction in the petition in course of the day.

Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Salkhua (O.P. Banma Itahri) P.S. Case No. 234 of 2017 registered for the offence punishable under sections 30A of Bihar Prohibition and Excise Act, 2016.

Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case. Nothing has been recovered from their possession. Recovery has been made from the under construction house of this petitioner. In the aforesaid un-constructed house, no one resides. Nothing has

Patna High Court Cr.Misc. No.62159 of 2017(2) dt.22-12-2017 2/2 been recovered from the shop of these petitioners. Petitioners have no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitionerd, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, 2nd-cum- Special Judge, Saharsa in connection with Salkhua (Banma Itahri O.P.) P.S. Case No. 234 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/- U T