Subhash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8464 of 2019 Arising Out of PS. Case No.-269 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== SUBHASH SAH, aged about 35 years (male), Son of Kasturi Sah, Resident of Village - Barmadia Ward No.7, P.S.-Chakiya, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-02-2019 The petitioner seeks bail in anticipation of his arrest in connection with Chakiya P.S. Case No. 269 of 2018, dated 07.10.2018, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Three litres of liquor is said to have been recovered from a makeshift house-cum-shop of the petitioner. The learned counsel for the petitioner has submitted that the recovery is from an abandoned place which is not inhabited by the petitioner or his family

Patna High Court Cr.Misc. No.8464 of 2019(2) dt.13-02-2019 2/2 members. In support of the aforesaid assertion, the learned counsel for the petitioner has submitted that had this not been true, the seizure-list would have been signed by some one in the family of the petitioner.

Regard being had to the quantum of recovery from an abandoned place as also the clean antecedent of the petitioner, above named, he, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 7th Addl. District and Sessions Judge-Cum-Special Judge, Excise, East Champaran at Motihari in connection with Chakiya P.S. Case No. 269 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T