Rinku Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11105 of 2018 Arising Out of PS.Case No. -1417 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ====================================================== Rinku Sah, son of Ramgranth Sah, resident of Mohalla- Baulia, P.S.- Sasaram Town, District- Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Sasaram Town (M) PS case no. 1417 of 2017 registered for the offences punishable under Sections 30(a)/35/38 of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 242 liters of illicit liquor at the instance of co-accused Chhotu Sah and the said Chhotu Sah named 41 persons as the persons responsible for keeping the illicit liquor.

The learned counsel for the petitioner submits that neither any recovery has been effected from the possession of the petitioner nor the said place from where the recovery has been

Patna High Court Cr.Misc. No.11105 of 2018 (2) dt.27-02-2018 2/2 made belongs to the petitioner. It is further submitted that the said Chhotu Sah and three other co-accused persons have been granted anticipatory bail by this Court and the petitioner is having a clean antecedent.

Considering the nature of accusation levelled against the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum- Special Judge, Excise Act, Sasaram in connection with Sasaram Town (M) PS case no. 1417 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U