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Patna High CourtCR. MISC./6274/2020allowed

Shankar Sah @ Shankar Deonath v. The State Of Bihar

2020-02-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6274 of 2020 Arising Out of PS. Case No.-55 Year-2019 Thana- BHANGHA District- West Champaran ====================================================== Shankar Sah @ Shankar Deonath Son of Sri Khitish Deonath Resident of Village - Dudhaura Colony, P.S.- Manpur, District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

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

The petitioner is in custody in connection with Bhangaha P.S. Case No. 55 of 2019 for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that in the instant case 80 liters country made liquor was seized but nothing was recovered from the conscious possession of the petitioner and he has no concern with the seized liquor. Learned counsel for the petitioner submits that the name of the petitioner surfaced on the confessional statement of co-accused Basudeo Mahto. Petitioner is in custody since 06.12.2019.

Considering the fact that nothing was recovered from

Patna High Court CR. MISC. No.6274 of 2020(2) dt.03-02-2020 2/2 the conscious possession of the petitioner, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, 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 Court of learned Special Judge, Excise, West Champaran at Bettiah in connection with Bhangaha P.S. Case No. 55 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 bond in the instant case.

(Anil Kumar Upadhyay, J) mdrashid/- U T