Shambhu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2302 of 2019 Arising Out of PS. Case No.-111 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== Shambhu Sahani, Son of Devendra Sahani Resident of Village-Mahaiya P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Patepur P.S. Case No. 111 of 2018 dated 29.06.2018 instituted for the offences under Sections 30(a), 32(i), 38(ii) and 41(i) of the Bihar Excise Act.

Approximately 21.75 litres of liquor is said to have been recovered from the straw of millets in a field which is situated close to the house of the petitioner. The petitioner denies that the field belongs to him. Thus, it has been argued that the recovery is not from the constructive/personal possession of the petitioner. Taking into account that the petitioner has clean antecedents, he is directed to be released on bail,

Patna High Court Cr.Misc. No.2302 of 2019(2) dt.17-01-2019 2/2 in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions JudgeII-cum-Special Judge, Vaishali at Hajipur in connection with Patepur P.S. Case No. 111 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T