Ratan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9202 of 2019 Arising Out of PS. Case No.-77 Year-2018 Thana- RAGHUNATHPUR District- Siwan ====================================================== RATAN SAH Late Rameshwar Sah @ Muneshwar Sah Resident of Village - Nikhtikala, P.S. Raghunathpur, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Raghunathpur P.S. Case No. 77 of 2018 registered for the offence punishable under Sections 272, 273, 308/34 of the Indian Penal Code and Sections 30(A), 38(A) and 41 (1) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 103.680 litres of foreign liquor from the car of the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.9202 of 2019(2) dt.06-03-2019 2/3 case due to enemy. Petitioner was not arrested by the police and people had disclosed his name. Petitioner is in custody since 16.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Siwan, in connection with Raghunathpur P.S. Case No. 77 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release

Patna High Court CR. MISC. No.9202 of 2019(2) dt.06-03-2019 3/3 on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T