Mewalal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21596 of 2022 Arising Out of PS. Case No.-372 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== Mewalal Sah S/O Late Ram Avatar Sah, R/o village- Garabhuwa Lala Tola, P.S.- Sirisiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumeet Kumar Singh, Advocate Mr. Gaurav Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Chanpatiya Sirisiya P.S. Case No. 372 of 2021, for the offence punishable under Sections 413, 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is of recovery of Salmoc Tablets, 08 bags of 50 Kg each sugar and 04 kilogram of Nausadar and Honda Leo motorcycle bearing Chassis No.

ME4JC717BJT003700 and Engine No. JC71E-3005613 Learned counsel appearing on behalf of the petitioner submits that the petitioner is owner of a grocery shop and in

Patna High Court CR. MISC. No.21596 of 2022(3) dt.27-07-2022 2/3 course of business certain articles, as per the seizure-list, were seized from the shop, so far as Honda Leo motorcycle bearing Chassis No. ME4JC717BJT003700 and Engine No. JC71E3005613 is concerned, a separate F.I.R i.e. Bettiah Town (Kaligbagh O.P) P.S. Case No. 417 of 2020 was lodged in which petitioner has already been released on bail. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner and submits that recovery of Salmoc Tablets, 08 bags of 50 Kg each sugar and 04 kilogram of Nausadar from the shop of the petitioner shows that in any manner, the petitioner is involved in manufacturing of country made liquor.

Taking into consideration the nature of allegation made in the F.I.R. as well as the fact that no liquor was recovered from the shop of the petitioner, the Chargesheet has already been submitted and there is no likelihood of trial being concluded in near future, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Rs. Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Bettiah, West Champaran in connection with Chanpatiya Sirisiya P.S. Case No. 372 of 2021, subject to the following

Patna High Court CR. MISC. No.21596 of 2022(3) dt.27-07-2022 3/3 conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T