Indal Sahu @ Indal Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56033 of 2017 Arising Out of PS. Case No.-55 Year-2017 Thana- RAJNAGAR District- Madhubani ====================================================== Indal Sahu @ Indal Kumar Sah, Son of Jang Bahadur Sah, Resident of Village- Hira Patti, P.S.- Raj Nagar, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s :

Mr. PARMANAND PRASAD, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30 (a) of Bihar Excise Amendment Act, 2016. It is contended that, as per allegation, about 361 liters of foreign liquor was recovered from the house of co-accused Amarjeet Purbey, however, the petitioner has been implicated in the FIR on the basis of disclosure made by said Amarjeet Purbey that the business of illicit liquor is being done with the help of co-accused including the petitioner. It is contended that nothing has been recovered from the possession of the petitioner and implication is only on the basis of disclosure made by the co-accused. It is urged that the petitioner has

Patna High Court Cr.Misc. No.56033 of 2017(2) dt.23-11-2017 2/3 remained in custody since 29.08.2017,i.e., about three months.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Raj Nagar P.S. Case No.55 of 2017 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Madhubani within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a

Patna High Court Cr.Misc. No.56033 of 2017(2) dt.23-11-2017 3/3 certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T