Patna High CourtCR. MISC./39087/2017bail granted

Prabhu Sah v. The State Of Bihar

2017-11-13Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39087 of 2017 Arising Out of PS.Case No. -228 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Prabhu Sah, son of late Ghamandi Sah, resident of village-Shankar Saraiya, Kasba tola, P.O. and P.S.-Turkauliya, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 8/ 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Turkauliya P.S. Case No.228 of 2017 instituted for the offence under Section(s) 272, 273/34 Indian Penal Code and Sections 30-a, 33, 36, 41, 45 of the Bihar Prohibition & Excise Act, 2016.

It has been submitted that alleged recovery has been made from the open land in the back side of house of this petitioner, which will be apparent from the seizure list. Seizure list does not bear signature either of the petitioner or his family members.

Seizure list is enclosed with the First Information Report, wherein, it has been mentioned that alleged recovery was made from the back side of house of this petitioner. The police

Patna High Court Cr.Misc. No.39087 of 2017 (8) dt.13-11-2017 2/3 has mentioned in the seizure list that family members of petitioner refused to receive copy of the seizure list. It is mentioned in para 3 that the petitioner has clean antecedents. In this manner, from the written report itself, it appears that there is no recovery either from the conscious possession of this petitioner or from the house of this petitioner. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Turkauliya P.S. Case No.

228 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ADJ 7cum-Special Court of Excise Act, East Chamapran, Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C.

Patna High Court Cr.Misc. No.39087 of 2017 (8) dt.13-11-2017 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T