High Court Patna High Court - Orders

Jai Ghanshyam vs The State Of Bihar on 24 October, 2011

Patna High Court – Orders
Jai Ghanshyam vs The State Of Bihar on 24 October, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Miscellaneous No.33812 of 2011

                      Jai Ghanshyam, Son of Ram Deni, resident of Village
                      Chaupar Mahan, P.S. Boccha, District Muzaffarpur.
                                                                        -------Petitioner
                                               Versus
                      The State Of Bihar
                                                                  -----Opposite Party
                                            --------------

03/- 24/10/2011 Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The petitioner apprehending his arrest in

connection with a case registered for the offence punishable

under Section 47(E) of Excise Act, is one of the named

accused in this case, but on mere disclosure of co-apprehended

accused, who was driving the vehicle carrying wine in huge

quantity said to have been loaded by the petitioner a candidate

for the post of Mukhiya.

Submission is that this is a case of false

implication at the hands of rival candidate, who succeeded in

both the ways.

Considering the facts and circumstances of the

case, in the event of his arrest/surrender before the court below

within four weeks, let the above named petitioner be enlarged

on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand

only) with two sureties of the like amount each to the

satisfaction of Chief Judicial Magistrate, Muzaffarpur, in

connection with Ahiyapur P.S. Case No. 133 of 2011, subject

to condition laid down under Section 438(2) of the Criminal
Procedure Code with additional condition to remain physically

present before the court below till disposal of the case, in case

of failure on two consecutive dates, without giving any

reasonable explanation, the liberty granted shall be deemed to

be cancelled.

( Akhilesh Chandra, J.)
Praveen/-