Patna High CourtCR. MISC./24813/2016bail granted

Bablu Sah v. The State Of Bihar

2016-06-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24813 of 2016 Arising Out of PS.Case No. -69 Year- 2016 Thana -BALIA District- BEGUSARAI ====================================================== Bablu Sah Son of Late Ghuran Sah Resident of village - Nurjamapur Tola - Madhurapur, P.S. Ballia, District - Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Ballia P.S.Case No. 69 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47(a) of Excise Act.

It has been contended by the learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. The recovery was not made from the exclusive possession of the petitioner rather the illicit liquor was recovered from the house, which was in joint possession of several persons. It is also contended that the instant F.I.R. was instituted prior to the amendments made under the Bihar Excise

Patna High Court Cr.Misc. No.24813 of 2016 (2) dt.06-06-2016 2/2 Act, 1915.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. Be that as it may, regard being had to the nature of the offence, period undergone by the petitioner in custody and the fact that the petitioner is reported to be a man of clean antecedent, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each of the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No. 69 of 2016.

(Ashwani Kumar Singh, J.) ajaypd./- U T