Munib Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17541 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== MUNIB SAH Son of Raj Mohan Sah, Resident of Village- Saraiya, Police Station- Hussainganj, District-Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Hussainganj P. S. Case No. 234 of 2018 instituted for the offence under Section(s) 30A, 36, 38 and 41(i) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for petitioner submits that there is no recovery of any liquor from conscious possession of this petitioner.

In the written report it is alleged that police saw two persons coming on motorcycle who fled away after seeing the police party. It is further alleged that on search of the motorcycle 19.8 litres of liquor has been recovered from motorcycle.

Patna High Court CR. MISC. No.17541 of 2019(2) dt.27-03-2019 2/2 The petitioner is in custody since 7.12.2018. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Addl. Sessions Judge-cum Spl. Judge, Excise, Siwan, in connection with Hussainganj P. S. Case No. 234 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner. It is mentioned in Para 3 of bail petition that petitioner is accused in another case under the Excise Act. The petitioner will file affidavit at the time of filing bail bond that he would not indulge himself in such type of activities in future. If he is found indulged in such type of activities, his bail bond in instant case will liable to be cancelled.

(Sanjay Priya, J) shyambihari/- U T