Pradeep Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8570 of 2020 Arising Out of PS. Case No.-296 Year-2019 Thana- BAUSI District- Purnia ====================================================== Pradeep Kumar Sah S/o Ganesh Sah R/o village- Aliganj, P.S.- Mojahid Pur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== 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 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 not quantity based.

Patna High Court CR. MISC. No.8570 of 2020(4) dt.04-03-2020 2/2 The petitioner is languishing in jail as under trial prisoner since 31.12.2019 in connection with Baisi P.S. Case No. 296 of 2019 arising out of Special Excise Case No. 1059 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 31.12.2019, 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) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge cum Special Judge, Excise, Purnea, in connection with Baisi P.S. Case No. 296 of 2019 arising out of Special Excise Case No. 1059 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) Ravi/- U T