Patna High CourtCR. MISC./63604/2018bail granted

Umesh Sah v. The State Of Bihar

2018-10-25Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.63604 of 2018 (2) dt.25-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63604 of 2018 Arising Out of PS.Case No. -312 Year- 2018 Thana -GHORASAHAN DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Umesh Sah Son of Ramnath Sah a resident of Subhash Nagar Bhaiji Ke Gachhi, Veerta Chauk, P.S. Ghodasahan, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashutosh Kumar For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 The petitioner seeks regular bail in connection with Ghorasahan (Jharaukher) P.S. Case No. 312 of 2018, registered for offences punishable under Section 414 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 18 litres of Nepali Saufi liquor from the motorcycle of the petitioner. It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and he has falsely been made accused in this case and has been in judicial custody since 03.08.2018 and has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.63604 of 2018 (2) dt.25-10-2018 circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge - Excise, Motihari, in connection with Ghorasahan (Jharaukher) P.S. Case No. 312 of 2018, subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T