Bhola Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10355 of 2022 Arising Out of PS. Case No.-54 Year-2021 Thana- TERHAGACHH District- Kishanganj ====================================================== BHOLA KUMAR SAH Son of Late Dilip Prasad Sah Resident of VillageMatiyari, P.S.- Kishanganj, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Sinha For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 109 liters of Nepali liquor is said to have been recovered from the house of father-in-law of the petitioner. He has no concern either with

Patna High Court CR. MISC. No.10355 of 2022(2) dt.22-07-2022 2/3 the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has been falsely implicated in this case by the police due to some altercation between them on his refusal to cough up the demand of graft made by them. Petitioner has one criminal antecedent of similar nature of the offence as mentioned in para-3 of this application.

Petitioner is agreed to deposit a sum of Rs.30,000.00 (Rupees Thirty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Special Case No.349/2021, arising out of Tedhagachh P.S. Case No. 54 of 2021, subject to the condition

Patna High Court CR. MISC. No.10355 of 2022(2) dt.22-07-2022 3/3 as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.30,000.00 (Rupees Thirty Thousand) in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) Trivedi/- U T