Vikash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30701 of 2022 Arising Out of PS. Case No.-236 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Vikash Sah Son of Mahesh Sah Resident of Village - Poraha, P.s.- Barhara (Sinha O.P.), Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Barhara ( Sinha) P.S.Case No. 236 of 2022 for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, it is alleged that while the police party was on patrolling duty, intercepted the motorcycle on which the petitioner and co-accused persons, were coming and on search total 5 liters beer was recovered from the bag carrying by the petitioner.

It is submitted by the learned counsel for the petitioner that the alleged recovery has been made from a

Patna High Court CR. MISC. No.30701 of 2022(2) dt.11-08-2022 2/3 bag which does not belong to the petitioner. It is further submitted that two persons were arrested at the spot and the recovered illicit beer does not belong tot the petitioner. It is next submitted that the petitioner is in custody since 31.03.2022 having fair antecedent and moreover, investigation has already been completed and charge sheet has been submitted.

On the other hand, learned counsel for the State opposed the bail application of the petitioner. Having heard the rival contentions of the parties and taking into consideration the fact that recovery has been made from a bag carrying by two persons and moreover, petitioner is in custody since 31.03.2022, having fair antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Bhojpur at Ara in connection with Barhara P.S.Case No. 236 of 2022 subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

Patna High Court CR. MISC. No.30701 of 2022(2) dt.11-08-2022 3/3 (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) N.K/- U T