Sindhbaj Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18975 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Sindhbaj Shah, aged about 19, Gender-Male, Son of Azad Sah, Resident of Bhabua, Ward No. 9, Chhawni Mohalla, P.S.- Bhabua, District - Kaimur at Bhabua.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Parwej Khan, Advocate.

For the Opposite Party :

Mr.Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 17.01.2019 in a case for the offence registered under Sections 37(1)(2) of the Bihar Prohibition and Excise Act, 2016 and 25(1-b)a, 26 and 27 of the Arms Act.

The prosecution story, in brief, is that While the informant Subham Singh on 15.01.2019 at 2.00 P.M., was eating Chola at Thela after standing his Motorcycle at Akhlaspur Mela, in the meantime, four-five persons including this petitioner came in drunken state and started pelting the brick and stone on the motorcycle in which on seeing the assembling people, four persons fled away and this petitioner was taking Katta in his hand tried to fire and with the help of public, he was nabbed.

Patna High Court CR. MISC. No.18975 of 2019(2) dt.08-04-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. One country made pistol is said to have been recovered from possession of the petitioner. It is also alleged that the petitioner tried to misbehave in drunken state. There is no recovery of any liquor from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, 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 learned Special Judge, Excise, Kaimur at Bhabua, in connection with Excise Case No. 42 of 2019, corresponding to Bhabua P.S. Case No. 27 of 2019.

U.K./- (Sudhir Singh, J) U T