Neeraj @ Dhiraj Sah @ Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24706 of 2021 Arising Out of PS. Case No.-175 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== NEERAJ @ DHIRAJ SAH @ NEERAJ KUMAR Son of Late Shambhu Sah Resident of Purani Bazar, Ward No. 1, P.S.- Shikarpur, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Braj Kishore Pd. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Shikarpur P.S. Case No. 175 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

25 litres of country made liquor, 500 litres of raw material, one Gas Cylinder and one Bhatti has been recovered from possession of this petitioner.

It is submitted that no recovery has been made from

Patna High Court CR. MISC. No.24706 of 2021(3) dt.26-07-2021 2/2 conscious possession of this petitioner. Recovery has been made by the side of river which is public place. Petitioner is in custody since 09.01.2021.

Considering the period of custody, the petitioner above-named, is directed to 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 the learned Special Judge Excise, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 175 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T