Ramekbal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23606 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== RAMEKBAL SAH S/o Chotan Sah R/o village- Baghari, Ward No. 12, P.S.- Sursand, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Sursand P.S. Case No. 37 of 2019 registered under Sections 30A), 38, 41 of the Bihar Prohibition and Excise Act, 2016. The accusation is that during the course of patrolling duty, police stopped a tempo and apprehended two persons including the petitioner, who was driver of the said tempo. On search of tempo, a gunny bag containing 54 liters country made foreign liquor, kept in different bottles, was recovered. The learned counsel appearing on behalf of the petitioner submits that petitioner was driver of the said tempo.
Patna High Court CR. MISC. No.23606 of 2019(2) dt.12-04-2019 2/2 He has no concern with the recovered articles. In fact, one passenger boarded on the tempo with the aforesaid gunny bag, succeeded in fleeing away. Petitioner has no knowledge about keeping of liquor in gunny bag. Petitioner has got no criminal antecedent and he is in custody since 16.02.2019. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-II-cum-Special Excise Act, Sitamarhi in connection with Sursand P.S. Case No. 37 of 2019.
(Rajendra Kumar Mishra, J) sushma/- U