Vyas Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19203 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- BHANGHA District- West Champaran ====================================================== Vyas Sah, S/O Shri Shivnath Sah R/O Village- Inarwa Bazar, P.S.- Inarwa, District- West Champaran ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Bhangaha P.S. Case No.08/2022 instituted under Sections 413,414,414 of the Indian Penal Code and 7 E.C. Act. The allegation in the FIR is that 55 liters of diesel was being brought from the neighbouring country which is prohibited and the police intercepted the petitioner and recovered/seized the same.

Learned counsel for the petitioner brought attention of this Court to Annexure-2 of the bail application, a receipt issued

Patna High Court CR. MISC. No.19203 of 2022(2) dt.29-07-2022 2/3 by M/s Kamta Lal & Sons, Mainatand, West Champaran according to which the petitioner had purchased 55 liters of diesel from the said petrol pump.

Taking into account the aforesaid fact as also that he is in custody since 09.02.2022 (as stated in para-10 of the bail application) and he do not have criminal antecedent, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Bhangaha P.S. Case No.08/2022 to the satisfaction of learned SDJM, Bettiah, West Champaran, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

Patna High Court CR. MISC. No.19203 of 2022(2) dt.29-07-2022 3/3 With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T