Bindeshwar Sah @ Bindeshwar Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21069 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== BINDESHWAR SAH @ BINDESHWAR SAO, S/o Late Lakhan Sah, Resident of Village - Tetariya, P.S.- Lakshmipur, Distt.- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Lakshmipur P.S. Case No.38 of 2019 instituted for the offence under Section(s) 272, 273 Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.
It is alleged that 40 litres foreign liquor has been recovered from the motorcycle on which this petitioner and other accused were found sitting. Both persons were arrested. Counsel for the petitioner submits that Petitioner is in custody since 29.01.2019. Counsel for the petitioner further submits that co-accused, Pappu Sah, has already been granted regular bail by co-ordinate Bench of this Court by order dated 27.02.2019 passed in Cr. Misc. No.12139 of 2019.
Patna High Court CR. MISC. No.21069 of 2019(2) dt.04-04-2019 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, 2nd, Jamui, in connection with Lakshmipur P.S. Case No.38 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.
It appears that one more case under the Excise Act is pending against the petitioner. The petitioner will file an Affidavit at the time of furnishing bail bond that he will not indulge in such activities in future, otherwise, his bail bond in the instant case will liable to be cancelled. (Sanjay Priya, J) J. Alam/- U T