Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19793 of 2021 Arising Out of PS. Case No.-120 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== SUNIL SAH SON OF BAIDHNATH SAH @ BAIJ NATH SAH RESIDENT OF VILLAGE- BAASBITA P.S.-MAJORGANJ, DISTRICT- SITAMARHI ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Krishna Murari, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Majorganj P.S. Case No. 120 of 2020 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. According to prosecution case, 251 litres of Nepali Saufi wine was recovered from nine bags.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Nothing has been recovered from possession of the petitioner. Petitioner

Patna High Court CR. MISC. No.19793 of 2021(2) dt.16-11-2021 2/3 is in custody since 28.08.2020 and he has got no criminal antecedent. Learned counsel further submits that co-accused, namely, Sunil Singh has been granted bail by a co-ordinate Bench of this court vide order dated 17.02.2021 passed in Cr. Misc. No. 39488 of 2020.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the rival submissions as also the facts and circumstances of the case, 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-II cum Special Judge (Excise), Sitamarhi in connection with Majorganj P.S. Case No. 120 of 2020, subject to the following conditions:-

1. That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

2. That the petitioner will be well represented on each date and if he fails to do so on

Patna High Court CR. MISC. No.19793 of 2021(2) dt.16-11-2021 3/3 two consecutive dates, his bail bond will be liable to be cancelled.

(Rajesh Kumar Verma, J) shahzad/- U T