Upendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5656 of 2016 Arising Out of PS.Case No. -1 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Upendra Sah S/o Ram Deo Sah resident of village- Olipur Sharchiya, P.S.- Runnisaidpur, District- Sitamarhi .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mahendra Thakur, Adv. For the Opposite Party/s : Mr. Yogendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

Petitioner, is in jail custody since 18.12.2015 in a case registered for the offences punishable under Sections 272,273 of the Indian Penal Code and 47A of the Excise Act. It is alleged that 250 litres of sprit and 414 pcs of country made liquor were recovered from Banana Orchard which is said to be situated near the house of one Yugal Sah.

Learned counsel for the petitioner submits that the seizure list shows that the aforesaid recovery was made from the orchard situated behind the house of petitioner. The aforesaid seizure list is completely contradictory to the contents of written report. It is further submitted that the petitioner is in jail custody since

Patna High Court Cr.Misc. No.5656 of 2016 (2) dt.15-02-2016 2/2 18.12.2015 without any criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner 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 Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 01 of 2014. (Hemant Kumar Srivastava, J) Prakash/- U T