Patna High CourtCR. MISC./14467/2018bail granted

Narayan Sah v. The State Of Bihar

2018-03-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14467 of 2018 Arising Out of PS.Case No. -86 Year- 2017 Thana -NIYAMCHANDPUR District- BEGUSARAI ======================================================

1. Narayan Sah, son of Late Khakhari Sah, resident of Village- Chandpura, P.S. Neema Chandpura, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 03.01.2018 in connection with Neema Chandpura P.S. Case No. 86/2017 for offences punishable under Section 30(a) of the Bihar Excise and Prohibition Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information the straw house of the petitioner was raided and 5.400 litres of foreign liquor was recovered, and, accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and

Patna High Court Cr.Misc. No.14467 of 2018 (2) dt.13-03-2018 2/2 nothing has been recovered from his conscious possession. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VIIth cum Special Judge, Excise Act, Begusarai, in connection with Neema Chandpura P.S. Case No. 86/2017.

(Nilu Agrawal, J) Rajesh/- U T