Hajari Sah @ Hajari Lal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 23433 of 2020 Arising Out of PS. Case No.288 Year-2019 Thana- Dhaka District-East Champaran ====================================================== Hajari Sah @ Hajari Lal Sah, aged about 50 years (Male) Son of Late Heera Sah ,Resident of Village- Barewa, P.S.- Dhaka, District East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 17-09-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Dhaka P.S. Case No. 288 of 2019 for the offences under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel appearing on behalf of the petitioner submits that the petitioner has no criminal antecedent. In the instant case total 64.695 litres of country made liquor was seized. Learned counsel submits that nothing was recovered from conscious possession of the petitioner and he was not apprehended along with liquor. Petitioner is in custody since 07.06.2020.
Considering the fact that the petitioner has no criminal antecedent; he is in custody since 07.06.2020 and nothing was recovered from his conscious possession, the Court
is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs. 25,000/- in cash. On depositing the amount of Rs.25,000/-, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise, East Champaran, Motihari in connection with Dhaka P.S. Case No. 288 of 2019.
Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T