Shambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7783 of 2019 Arising Out of PS. Case No.-391 Year-2018 Thana- MAHESI District- East Champaran ====================================================== SHAMBHU SAH, aged 24 years (M), son of Ramchandra Sah Resident of Village - Bahadurpur, P.S.- Mehsi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Mehsi P.S. Case No.391 of 2018 for the offence alleged under Sections 30(a), 37(d) and 38 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the police personnel is that during search, 25 litres toddy was recovered from the house of the petitioner. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He further submits that the said recovery was not made from the conscious

Patna High Court Cr.Misc. No.7783 of 2019(6) dt.11-02-2019 2/2 possession of the petitioner and the petitioner is languishing in judicial custody since 25.12.2018.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Mehsi P.S.Case No.391 of 2018 to the satisfaction of learned 7th Additional Sessions Judge-cumSpecial Judge, Excise, East Champaran, Motihari. (Nilu Agrawal, J) B.Kr./- U T