Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6835 of 2022 Arising Out of PS. Case No.-19 Year-2021 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== SHANKAR SAH Son of Late Sukh Sagar Sah Resident of Mohalla- Amgola Kali Asthan, P.S.- Kazimohammadpur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 28-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Kazimohammadpur (KMP) P.S. Case No. 19 of 2021 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act 2016.

As per prosecution case, there is alleged recovery of 30 liters country made mahua liquor from the hut situated under the land of Bengali Sansthan. The name of the petitioner and others were surfaced on secret information received by the police that involved in the alleged occurrence of seized liquor.

Patna High Court CR. MISC. No.6835 of 2022(2) dt.28-06-2022 2/3 Learned counsel for the petitioner submits that petitioner bears criminal history of one case in which he is on bail and it is submitted that petitioner is in custody since 06.12.2021, charge sheet has already been submitted and there is no likelihood of tampering the evidence. Nothing has been recovered from the possession of the petitioner and petitioner is not apprehended at place of occurrence. There is alleged recovery from the hut situated under the land of Bangali Sansthan and place of recovery did not belong to the petitioner and he is falsely been implicated in the case due to some ulterior motive. It is submitted that co-accused Shivji Sah has already been granted bail by a coordinate bench vide Cr. Misc. No. 34476 of 2021 and the case of the present petitioner stands on similar footing.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and the co-accused has already been granted bail by a coordinate bench and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the

Patna High Court CR. MISC. No.6835 of 2022(2) dt.28-06-2022 3/3 like amount each to the satisfaction of learned Special Judge Excise Court No. 1, Muzaffarpur in connection with Kazimohammadpur (KMP) P.S. Case No. 19 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) Gautam/- U T