Munna Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69899 of 2018 Arising Out of PS. Case No.-524 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ======================================================

1. Munna Sah, Son of Late Anirudh Sah, R/o Village- Dhadhi, P.S.- Nanpur, District- Sitamarhi.

2. Sanjay Sahni, Son of Mahesh Sahni, R/o Pitaujhia Sahpur, P.S.- Hatahuri, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Sri Aditya Narayan Singh 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-12-2018 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Runnisaidpur P.S. Case No. 524 of 2018 registered for the offences punishable under Sections 30, 30(g), 38 (I), (ii) Bihar Prohibition and Excise Act. Allegation against petitioners are recovery of 48 liters of foreign liquor from a tempo.

It has been submitted that petitioners are innocent and have been falsely implicated in this case. Petitioners are passengers. Petitioners have no criminal antecedent and are in custody since 13.09.2018.

Considering the aforesaid fact and circumstances of

Patna High Court Cr.Misc. No.69899 of 2018(2) dt.07-12-2018 2/2 the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Sitamarhi, in connection with Runnisaidpur P.S. Case No. 524 of 2018, subject to conditions:

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

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

(3) If the petitioners 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 petitioners.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds. (S. Kumar, J) Rajiv/Manoj U T