Guddu Sah @ Sudama Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.340 of 2018 Arising Out of PS.Case No. -489 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Guddu Sah @ Sudama Sah son of late Chamru Sah resident of village Badi Sankh, P.S. Muffasil, District Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 489 of 2017 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is that the police had received secret information that foreign liquor had been brought at the particular place whereupon the police had gone at the hut of one Ram Udgar Sah where Chandi Yadav was present and several quantities of foreign liquor were lying there. The said Chandi Yadav was also found in a drunken condition and after Chandi Yadav was apprehended, he disclosed that he had brought the illicit liquor and

Patna High Court Cr.Misc. No.340 of 2018 (2) dt.17-01-2018 2/2 one Guddu Sah had taken the said liquor in his pick up van and had kept in his village. Thereafter, the police is said to have made a further recovery of illicit liquor and apprehended one co-accused person namely Baudhu Paswan and a total quantity of 202.5 liters illicit liquor was seized.

The learned counsel for the petitioner submits that neither any recovery has been made from conscious possession of the petitioner nor from the premises of the petitioner. It is further submitted that the petitioner has a clean antecedent and he is in custody since 14.11.2017.

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 Additional Sessions Judge-7th -cum- Special Judge, Bihar Prohibition and Excise Act, 2016, Begusarai in connection with Muffasil P.S. Case No. 489 of 2017.

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