Prem Sagar Diswa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6120 of 2020 Arising Out of PS. Case No.-57 Year-2019 Thana- BHANGHA District- West Champaran ====================================================== Prem Sagar Diswa Son of Late Hadbad Diswa Resident of Village - Behari, P.S.- Bhangaha, District- West Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Bhangaha P.S. Case No. 57 of 2019, for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that nothing was recovered from conscious possession of the petitioner but recovery was made from rear side of the house of the petitioner who is in custody since 29.11.2019. He further submits that in the instant case total 30 litres of country made liquor was seized.

Considering the fact that nothing has been recovered from conscious possession of the petitioner, the Court is inclined to grant bail to him. The petitioner, named above, is directed to

Patna High Court CR. MISC. No.6120 of 2020(2) dt.03-02-2020 2/2 be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise , Bettiah, West Champaran in connection with Bhangaha P.S. Case No. 57 of 2019. In the event, the petitioner is found involved in similar case in future, the court below shall be at liberty to cancel his bail bonds in the present case.

(Anil Kumar Upadhyay, J) BT/- U