Patna High CourtCR. MISC./4196/2020allowed

Gajendra Sah v. The State Of Bihar

2020-07-21Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4196 of 2020 Arising Out of PS. Case No.-595 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== GAJENDRA SAH son of late Baijulal Sah, R/O Village-Piprakothi Chan Saraiya Ward No. 7, PS- Piprakothi, Dist-East Champaran, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 21-07-2020 Heard learned counsel for the petitioner as well as learned APP through video conferencing.

In the prosecution report, there happens to be disclosure with regard to conduction of raid at the place of occurrence which happens to be adjacent south to the house of the petitioner while from the report made by the complainant, an Excise Official before the concerned court, there happens to be disclosure that the accused who was at some distance, seeing the police succeeded in his escape. Apart from this, manner whereunder, identity of petitioner being owner of the foreign liquor (Indian origin) measuring 12.600 Litres appears to be ridiculous as, the same has been incorporated in a manner: " on query, he came to know regarding owner ship of the seized article to be that of Gajendra Sah".

Patna High Court CR. MISC. No.4196 of 2020(4) dt.21-07-2020 2/2 Accordingly, petitioner, Gajendra Sah, in the event of arrest or surrender within four weeks, is hereby directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 9th Additional Sessions Judge-cum-Special Judge, ExciseMotihari, East Champaran in Excise Case No. 595/2019, subject to the conditions as laid down under Section 438(2) CrPC.

(Aditya Kumar Trivedi, J) perwez U T