Dharmendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7844 of 2020 Arising Out of PS. Case No.-396 Year-2019 Thana- CHAKIA District- East Champaran ====================================================== Dharmendra Sah, son of Moti Sah @ Moti Lal Sah resident of village Laukaha, P.S. Chakiya, District East Champaran at Motihari ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vikram Jeet, Advocate For the Opposite Party :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Pursuant to the order dated 14.02.2020, Mr. Vikash Kumar, learned counsel appearing on behalf of the State has handed over copy of the report of chemical examiner to suggest that sample was analyzed and it was containing alcohal. On specific query, Mr. Vikash Kumar admitted that it is only the sample of particular bottle and not the sample from the other sealed bottle was taken as sample and sent for chemical examination.

It is now admitted position that sampling was not done with regard to each and every unit bottle. Unlike the offences under the Narcotic Drugs and Psychotropic Substances Act, the offences under the Bihar Prohibition and Excise Act is

Patna High Court CR. MISC. No.7844 of 2020(4) dt.04-03-2020 2/2 not quantity based.

The petitioner is languishing in jail as under trial prisoner since 20.11.2019 in connection with Chakiya P.S. Case No. 396 of 2019 for the offences under the provisions of Bihar Prohibition and Excise Act, 2016.

Considering the fact that the offence is not quantity based and the petitioner has remained in custody as under trial prisoner since 20.11.2019, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the 9th Additional Sessions Judge -cum- Special Judge, Excise, East Chamaparan at Motihari in connection with Chakiya P.S. Case No. 396 of 2019, subject to the condition that on release if the petitioner is found indulged in similar activities, then the court below shall be at liberty to cancel bail bonds of the petitioner.

With the aforesaid, the application stands disposed of. (Anil Kumar Upadhyay, J) BT/- U T