Naresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79571 of 2018 Arising Out of PS. Case No.-339 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Naresh Sah, Son of Dhunmun Sah, Resident of Village - Grabhuwa, Lal tola, P.O.- Turhapatti,P.S.- Chanpatiya, Sirisiya, O.P., District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 339 of 2018 for the offences punishable under Sections 467, 468, 471, 414 of the Indian Penal Code and Section 30(a), 30(b) of the Bihar Prohibition and Excise Act, 2016.

The FIR discloses that on raid in the house of some of the villagers in village Garabhuwa Tola, liquor from some houses and one motor-cycle from the house of the petitioner was recovered.

Learned counsel for the petitioner submits that the implication of the petitioner in this case is only on the basis of guess work of the raiding team. The motor-cycle which is said

Patna High Court Cr.Misc. No.79571 of 2018(2) dt.24-01-2019 2/2 to have been recovered from the house of the petitioner is not a stolen motor-cycle.

The petitioner has clean antecedents.

Under similar circumstances, one of the accused persons namely Rajendra Sah has been granted anticipatory bail by a Bench of this Court vide order dated 11.01.2019 passed in Cr. Misc. No. 78846 of 2018. The petitioner is stated to be in custody since 27.10.2018.

Having regard to the fact and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Bettiah, West Champaran in connection with Chanpatia (Sirisiya O.P.) P.S. Case No. 339 of 2018. (Mohit Kumar Shah, J) khushbu/- U T