Patna High CourtCR. MISC./26361/2017bail granted

Mahesh Sah @ Mahesh Kr. Sah @ Diwakar Sah v. The State Of Bihar

2017-06-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26361 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -PRANPUR District- KATIHAR ======================================================

1. Mahesh Sah @ Mahesh Kr. Sah @ Diwakar Sah Son of Balram Sah, R/o Mania Pipra, P.S.- Katihar (M) District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party : Mr. Ashok Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-06-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in Pranpur (Roshna) P.S. Case No.45 of 2017 registered for the alleged offences under 30 (a) of the Bihar Prohibition Excise Act, 2016. As per the prosecution case, 21 liters of foreign liquor was recovered from the bags thrown by the pillion rider of the motorcycle, namely, Pappu Kumar Sah. The petitioner was the driver of the said vehicle.

It has been submitted by learned counsel for the petitioner that no recovery has been made from the conscious possession of the petitioner or his vehicle. He has been languishing in custody since 02.04.2017. It has also been

Patna High Court Cr.Misc. No.26361 of 2017 (02) dt.12-06-2017 - 2 - submitted that the co-accused, Pappu Kumar Sah has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No.24400 of 2017 vide order dated 25.05.2017.

Considering the facts aforesaid and the nature of allegation as made against the petitioner, the above named petitioner, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000.00 (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Katihar in Pranpur (Roshna) P.S. Case No.45 of 2017.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T