Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59271 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- NTPC District- Bhagalpur ====================================================== Sunil Sah, Son of Sukhdeo Sah, Resident of Village- Kaliganj, Police StationKahalgaon, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Praveen Kumar,Advocate For the Opposite Party/s :

Mr.Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 30(a), 30(g) of the Bihar Prohibition and Excise Act, 2016 and Sections 188, 290, 272, 173 and 414 of the IPC.

It is contended that, as per allegation, 8.16 litres foreign liquor was recovered from a bag kept on the motorcycle. It is further contended that the motorcycle or the alleged recovered wine does not belong to the petitioner and the petitioner has falsely been implicated in this case. Petitioner

Patna High Court Cr.Misc. No.59271 of 2018(2) dt.06-10-2018 2/3 claims that he is in custody since 13.07.2018. Having regard to the facts and the circumstances of the case, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 2nd Addl. District & Sessions Judge-cumSpecial Judge, Excise, Bhagalpur. in connection with N.T.P.C. P.S. Case No. 47 of 2018.

Further, if the petitioner, after his release in this case, is again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of his bail bond.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Bhagalpur within fifteen days of his release with a copy of this order and every two weeks 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 certificate will

Patna High Court Cr.Misc. No.59271 of 2018(2) dt.06-10-2018 3/3 be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police upon his appearance.

(Dr. Ravi Ranjan, J) Sanjay/- U T