Pintoo Sah @ Piku Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5156 of 2024 Arising Out of PS. Case No.-1069 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Pintoo Sah @ Piku Sah S/O Late Rameshwar Sah R/O Village- Asharfi Sah Tola, P.S- Turkauliya, Distt.- East Champaran At Motihari. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar, Adv For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30 (a) 41 (1) of the Bihar Prohibition & Excise Amendment Act.
3. The learned cousnel for the petitioner submits that the petitioner has antecedent of one cases and allegation is of recovery of 24.5 liters of liquor from a place behind the house the house of the petitioner.
4. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that merely because the alleged recovery is from a
Patna High Court CR. MISC. No.5156 of 2024(2) dt.15-02-2024 2/2 place which is near to the house of the petitioner as such he came to be implicated by the local people but the FIR does not disclose the name of the local person, who disclosed the name of the petitioner which cast aspersion on the case of the prosecution.
5. Learned A.P.P opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs,. 5,000/- ( Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise No.1, Motihari, East Champaran in connection with Turkaulia ( Banjariya ) P.S.Case No. 1069 of 2023, subject to the conditions laid down under section 438(2) of the Cr. P.C.
(Satyavrat Verma, J) N.K/- U T