Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19859 of 2020 Arising Out of PS. Case No.-54 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== Shankar Sah, male, aged abut 35 years, Son of Rajdeo Sah, R/o Village-Pahari Tol, P.S.-Laukaha, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Chandra, Adv.

For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-06-2020 Heard Mr. Shashank Chandra, learned counsel for the petitioner and Md. Aslam Ansari, learned APP for the State.

The petitioner, who is in custody since 14.03.2020 and is a person of clean antecedent, seeks bail in connection with G.O. Case No. 54 of 2020, dated 14.03.2020, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears that 153 litres of Nepali liquor has recovered from the possession of the petitioner. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.19859 of 2020(2) dt.22-06-2020 2/2 from his possession, only 40 bottles were recovered, whereas rest of the recovery is not from his personal possession. He further submits that it is a case of mistaken identity.

Regard being had to the period of custody of the petitioner and his clean antecedent, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-Cum-Special Judge, Excise Act, Madhubani in connection with G.O. Case No. 54 of 2020. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T