Radhe Shyam Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24821 of 2021 Arising Out of PS. Case No.-23 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Radhe Shyam Sah S/O Late Narayan Sah Resident Of Village- Labhgaon, PsKhagaria (GANGAUR), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 120B of the IPC and Section 30a of the Bihar Prohibition and Excise Act. As per the prosecution case, 48.42 liters of foreign liquor has been recovered from the house of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery as the house in question is the joint family property. Petitioner claims clean antecedent. Petitioner is in custody since 11.1.2021.

Patna High Court CR. MISC. No.24821 of 2021(2) dt.24-07-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge cum Special Judge, Excise Act, Begusarai in Mufassil Police Station Case No. 23/2021 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T