Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21006 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== 1.

SANJAY SAH, son of Paspati Sah, 2.

Basdeo Sah, son of Chokat Sah, both resident of vilage- Birwat Bahar, P.S.- Uchakagaon, District- Gopalganj (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Srivastava, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 04-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Gopalpur P.S. Case No.36 of 2019 instituted for the offence under Section(s) 272, 273, 420 Indian Penal Code and Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged that 72 litres liquor has been recovered from the bag kept on the motorcycle. Both these petitioners were found sitting on the said motorcycle.

Counsel for the petitioners submits that Petitioners are in custody since 10.03.2019.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners,

Patna High Court CR. MISC. No.21006 of 2019(2) dt.04-04-2019 2/2 above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II cum Special Judge (Excise), Gopalganj, in connection with Gopalpur P.S. Case No.36 of 2019, subject to the condition that both the bailors shall be close relative of the petitioners.

It appears that one more case under the Excise Act is pending against the petitioner No.1. Petitioner No.2 has no criminal antecedents. The petitioner No.1 will file an Affidavit at the time of his furnishing bail bond that he will not indulge in such activities in future, otherwise, his bail bond in the instant case will liable to be cancelled.

(Sanjay Priya, J) J. Alam/- U T