Md. Ali Sher Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29748 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- RAJPUR District- Buxar ====================================================== MD. ALI SHER SAH Son of Late Hakik Sah @ Hakir Sah Resident of Village - Bharkhara, P.S.- Rajpur, District- Buxar ... ... Petitioner/

Versus

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

For the Petitioner :

Mr.Rewti Kant Raman, Advocate For the Opposite Party :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Rajpur P. S. Case No. 214 of 2018 registered under Sections 147/148/341/323/332/353/506 of the Indian Penal Code and Section 37(c) of the Bihar Excise (Amendment Act), 2018. Learned counsel for the petitioner submitted that co-accused Kameshwar Singh Yadav having identical allegation to that of the petitioner has already been granted bail by a coordinate Bench of this Court vide order dated 02.05.2019

Patna High Court CR. MISC. No.29748 of 2019(2) dt.22-05-2019 2/3 passed in Cr. Misc. No. 28633 of 2019.

Learned counsel for the State has opposed the prayer for grant of bail to the petitioner. However, he conceded that the case of the petitioner is identical to that of Kameshwar Singh Yadav, who has already been granted bail. Considering the submissions made above, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge (Excise), Buxar in connection with Rajpur P. S. Case No. 214 of 2018, subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case

Patna High Court CR. MISC. No.29748 of 2019(2) dt.22-05-2019 3/3 so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) kanchan/- U T