Raju Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25152 of 2020 Arising Out of PS. Case No.-61 Year-2020 Thana- MADHUBAN District- East Champaran ====================================================== RAJU SAH, aged about 30 years (Male), Son of Satya Narayan Sah, Resident of Village - Bhawarua, P.S.- Madhuban, District - East Champaran ... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-12-2020 Heard learned counsel for the petitioner and learned APP for the State through Virtual Court Proceeding. In this case, the petitioner is seeking regular bail in connection with Madhuban P.S. Case No. 61 of 2020, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

As per the F.I.R., on the basis of secret information, Police reached near a temple situated in village Mela Bazar. After seeking the Police party, three persons managed to flee away, who were identified as Krishna Kushwaha, Raju Sah (petitioner) and Pramod Sah. The Police found a truck standing there and on search about 4092 liters of foreign liquor has been recovered from the said truck.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.25152 of 2020(3) dt.08-12-2020 2/2 petitioner is not the owner of the truck and the Police has wrongly identified him to be fled away. He further submits that the petitioner is in jail since 08.06.2020.

Looking to the period of custody, 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 Special Judge, Excise, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 61 of 2020, subject to the condition that (i) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of bail and (ii) the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner.

(Shivaji Pandey, J) pawan/- U T