Suresh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.491 of 2018 Arising Out of PS.Case No. -189 Year- 2017 Thana -PIPRA District- SUPAUL ====================================================== Suresh Kumar Sah, son of Hanuman Sah, resident of Village- Tetrahi, P.S.- Pipra, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhav Jha For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Pipra P.S. Case No. 189 of 2017 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation of the prosecution is that 60.480 liter of foreign liquor was recovered from a Jute field and the petitioner is said to have gone there for natural call when he was arrested by the police.

The learned counsel for the petitioner submits that neither anything has been recovered from conscious possession of the petitioner nor the field belongs to him. It is further submitted that the petitioner has a clean antecedent and he is in custody since

Patna High Court Cr.Misc. No.491 of 2018 (2) dt.18-01-2018 2/2 8.10.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.S.J. Ist cum Spl Judge (Excise), Supaul in connection with Pipra P.S. Case No. 189 of 2017 dated 8.10.2017 (S.T. Excise-878 of 2017).

(Mohit Kumar Shah, J) BTiwary/- U T