Naresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68836 of 2018 Arising Out of PS. Case No.-175 Year-2018 Thana- KURSAKANTA District- Araria ====================================================== Naresh Sah, Son of Indrananad Sah, Resident of Village- Chini, P.O.- Mehadipur, P.S.- Sonamani Gudam (Kursakanta), District- Araria. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to make correction in para 9 of the petition regarding period of custody of the petitioner.

Petitioner seeks bail in Special Case No. 915 of 2018 arising out of Kursakanta (Sonamani Godam) P.S. Case No. 175 of 2018 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation against the FIR named accused is of recovery of 330.6 Litres of Nepali Wine from the possession of one of the co-accused and remaining four fled away. It has been further submitted that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Kundan Kumar Baitha who has already

Patna High Court Cr.Misc. No.68836 of 2018(2) dt.03-12-2018 2/2 been granted bail vide order dated 06.10.2018 in Criminal Miscellaneous No. 59263 of 2018. Petitioner has got no criminal antecedent and is in custody since 18.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Araria, in connection with Special Case No. 915 of 2018 arising out of Kursakanta (Sonamani Godam) P.S. Case No. 175 of 2018 , with following 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 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. (S. Kumar, J) ranjan/- U