Patna High CourtCR. MISC./60350/2017bail granted

Gajendra Sah @ Kachhu @ Karchhui v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60350 of 2017 Arising Out of PS.Case No. -394 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Gajendra Sah @ Kachhu @ Karchhui S/o Jawahir Sah, R/o VillageSalemnpur (Mahadeva) P.S.- Mahadeva, O.P.- District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Siwan Muffasil PS case no. 394 of 2017 instituted for the offences punishable under Sections 272, 273, 308, 420/34 of Indian Penal Code and Section 30 & 41(i) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 90 ltrs. of liquor from a Bolero vehicle and 3 co-accused persons are said to have been arrested while 3 persons fled away. It has been alleged that the said arrested accused persons disclosed the name of the petitioner and others, as those persons who had fled from the spot. The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.60350 of 2017 (2) dt.21-12-2017 2/2 the petitioner has been roped in the present case on the disclosure of the co-accused though he was neither arrested from the spot nor anything was recovered from him, he is in custody since 14.11.2017 and as far as criminal antecedent of the petitioner is concerned, three cases with same and similar allegation are pending against him Considering the nature of accusation and the period of custody undergone, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 50,000/- (Rs. Fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge(Excise), Siwan in connection with Siwan Mufassil PS case no. 394 of 2017.

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