Chandan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61609 of 2017 Arising Out of PS.Case No. -209 Year- 2017 Thana -BARHARA District- BHOJPUR ====================================================== Chandan Sah S/o Late Krishna Sah, R/o Village- Nathmalpur, P.S.- Barahara, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barahara P.S. Case No. 209 of 2017 instituted for the offences under Sections 30(A) and 56 (E) of the Bihar Excise Amendment Act, 2016.

The allegation is regarding recovery of 117 liters of illicit liquor from the poultry farm of the petitioner. The learned counsel for the petitioner submits that firstly the said poultry farm does not belong to the petitioner and secondly no recovery has been effected from the conscious possession of the petitioner.

It is further submitted that barring one case of

Patna High Court Cr.Misc. No.61609 of 2017 (2) dt.21-12-2017 2/2 same and similar allegation, the petitioner has a fair antecedent and he is in custody since 16.10.2017.

Considering the nature of accusation and the period of custody already undergone by the petitioner herein, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-4, Ara, District-Bhojpur in connection with Barahara P.S. Case No. 209 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T