Rakesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21135 of 2020 Arising Out of PS. Case No.-118 Year-2019 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== RAKESH SAH, S/o Bigan Sah, R/o Village - Harsher, P.S. - Siwaipatti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advoate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-08-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code, Sections 30(a), 36, 38 of the Bihar Prohibition and Excise Act, Sections 25(1-b)a, 26 and 35 of the Arms Act. From the hotel of the petitioner, liquor as well as an unauthorized gun was recovered. Petitioner was not there at the time of recovery. However, the petitioner is in custody since 27.02.2020. Petitioner has stated on oath that he has got no criminal antecedent. Investigation of the case is already complete against the petitioner. There is no material to substantiate that the petitioner is going to tamper with the

Patna High Court CR. MISC. No.21135 of 2020(3) dt.21-08-2020 2/2 evidence or to not cooperate with the trial.

Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Siwaipatti Police Station Case No. 118 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below. (c) The petitioner shall not leave the country without permission of the learned trial court. (Birendra Kumar, J) Kundan/- U T