Pawan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28680 of 2021 Arising Out of PS. Case No.-305 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== Pawan Sah S/O Late Dineshwar Sah R/O Village-Malpa, P.S.-CHAUTHAM, District-Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bal Krishna Mishra For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Chautham P.S. Case No. 305 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

20 litres of Mahua liquor has been recovered from the motorcycle of this petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is in custody since 01.12.2020.

Considering the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing

Patna High Court CR. MISC. No.28680 of 2021(2) dt.09-08-2021 2/2 bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise Act, Khagaria in connection with Chautham P.S. Case No. 305 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T