Patna High CourtCR. MISC./151/2018bail granted

Ramprit Sah @ Tahul Sah @ Tahlu Sah v. The State Of Bihar

2018-01-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.151 of 2018 Arising out of PS.Case No. -611 Year- 2017 Thana -SITAMARHI District- SITAMARHI ====================================================== Ramprit Sah @ Tahul Sah @ Tahlu Sah, Son of Ramchandra Sah, R/o Satmachha, P.S.- Sitamarhi, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sitamarhi P.S. Case No. 611 of 2017 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The allegation is that the informant along with armed forces was on patrolling duty when he got information that wine was being sold in the village whereafter the Police had raided the furniture shop of one Anil Kumar Thakur and 33 liters of Nepali wine was recovered. During investigation it transpired that the petitioner is also one of the accomplice.

The learned counsel for the petitioner submits that neither any recovery has been made from the conscious possession

Patna High Court Cr.Misc. No.151 of 2018 (2) dt.18-01-2018 2/2 of the petitioner nor the petitioner has been apprehended form the spot. It is submitted that the petitioner has a clean antecedent and he is in custody since 02.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge Excise Act, Sitamarhi in connection with Sitamarhi P.S. Case No. 611 of 2017.

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