Patna High CourtCR. MISC./61162/2017bail granted

Surendra Sah @ Sukat And ANR v. The State Of Bihar

2017-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61162 of 2017 Arising Out of PS.Case No. -547 Year- 2017 Thana -SIWAN CITY District- SIWAN ======================================================

1. Surendra Sah @ Sukat, S/o Late Shivnath Sah,

2. Harendra Sah, S/o Late Ramnath Sah, Both are R/o Village- Makhdum Sarai, P.S.- Sarai O.P., District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Siwan Town (Sarai) P.S. Case No.547 of 2017 instituted for the offences under Sections 272/273 & 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 29.7 litres of country made liquor from the bush near the house of one Prem Kumar, co-accused of the present case. It has been further alleged that as far as the petitioner no.2 is concerned, 720 ml liquor was recovered from his pocket.

The learned counsel for the petitioner submits that as

Patna High Court Cr.Misc. No.61162 of 2017 (2) dt.21-12-2017 2/2 far as petitioner no.1 is concerned, nothing has been recovered from his conscious possession and as far as petitioner no.2 is concerned, he has been falsely implicated in the present case. It is further submitted that the petitioner no.1 is on bail on the sole case pending against him while the petitioner no.2 has got a clean antecedent. The petitioners are languishing in custody since 09.10.2017.

Considering the nature of accusation and the period of custody already undergone, I direct the petitioners named above to be released on regular bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 2nd cum Special Judge (Excise), Siwan in connection with Siwan Town (Sarai) P.S. Case No.547 of 2017.

(Mohit Kumar Shah, J) N.H./- U T