Om Prakash Kumar Sah @ Om Prakash Sah @ Govinda Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24217 of 2020 Arising Out of PS. Case No.-116 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== OM PRAKASH KUMAR SAH @ OM PRAKASH SAH @ GOVINDA KUMAR SAH S/o Umesh Sah Resident of Village- Mahamadpur Turhatali, P.S.- Mahamadpur, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anurag Saurav For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2020 Heard learned counsel for the petitioner as well as learned APP for the State also through video conferencing. Petitioner is an accused in a case registered for offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

35 litres of raw spirit allegedly recovered from the motorcycle of petitioner and was apprehended along with one other accused person.

It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has got clean antecedent and he is in custody since

Patna High Court CR. MISC. No.24217 of 2020(2) dt.22-09-2020 2/2 14.06.2020.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. II cum Special Judge, Excise, Gopalganj in Mohammadpur Police Station Case No. 116 of 2020, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence of witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) SONALI/- U