Kedar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22784 of 2020 Arising Out of PS. Case No.-87 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.

KEDAR SAH, S/O- Fuleswar Sah 2.

Chhote Lal Sah, S/O- Fuleswar Sah Both are R/O Village - Chaupar Bharat, P.S. - Bochahan, Dist. - Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr .A.G The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.

CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2020 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in a case registered for the offence punishable under Section 272, 273 of the Indian Penal Code and Section 30(A), 32(2) of Bihar Prohibition and Excise Act.

Allegation is recovery of 9 liters of foreign liquor from a Wagon-R car and 102 liters of foreign liquor from a maize filed.

It has been submitted that petitioners are innocent and have been falsely implicated in this case due to dirty village

Patna High Court CR. MISC. No.22784 of 2020(2) dt.10-09-2020 2/3 politics. It is further stated that neither the said Wagon-R nor the field from where the alleged wine were recovered belongs to the petitioners in any manner. Petitioner are in custody since 28.03.2020 having no criminal antecedent.

Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bochahan P.S. Case No. 87 of 2020, 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 present 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

Patna High Court CR. MISC. No.22784 of 2020(2) dt.10-09-2020 3/3 bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Rajiv/- U T