Bipin Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18871 of 2016 Arising Out of PS.Case No. -121 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictARRARIA ======================================================

1. Bipin Kumar Sah, son of Kranti Sah, Resident of village- Marwari Patti, Araria P.S.- Araria, Dist- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Ashok Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for anticipatory bail arises out of C.C. Case No. 121 of 2015, disclosing offences under Section 47(a) of the Bihar Excise Act.

The petitioner was a licensee for running a wine shop which was cancelled on 01.11.2015. In a raid conducted on 26.11.2015 in the said premises, illicit trade of liquor was detected and huge quantity of country made liquor and foreign liquor was seized. It is alleged that these petitioners slipped away on seeing the excise officials. Learned counsel appearing on behalf of the petitioner has submitted that co-accused Munnu Lal Biswas has been granted anticipatory bail by this Court by an order dated 24.02.2016 passed in Cr. Misc. no. 6167 of 2016. It has further been submitted that

considering the nature of accusation, there is no likelihood of tampering with the evidence or fleeing from the course of justice. It has been stated in paragraph 3 that the petitioner has no criminal antecedent.

Considering the fact that other co-accused has been granted anticipatory bail, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Case No. CC 121 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present himself before the police/Court as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U