Panna Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7084 of 2019 Arising Out of PS. Case No.-703 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== PANNA LAL SAH Son of Late Jamuna Sah ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 7.12.2018 in a case registered for the offences punishable under Sections of the I.P.C. and Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that from the mutton shop of the petitioner, 280 ml foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that recovery of liquor has not been made from the conscious possession of the petitioner and the petitioner has been made accused in one other case of the Bihar Prohibition and Excise Act, 2016.

Learned APP submits that recovery has been made from the shop of the petitioner.

Patna High Court Cr.Misc. No.7084 of 2019(2) dt.07-02-2019 2/2 Considering the recovery not being made from the possession of the petitioner and the period under custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge -VII-cum-Special Judge, Excise, Motihari, East Champaran in connection with Excise Case No. 703 of 2018. (Dinesh Kumar Singh, J) anil/- U