Shivji Pasi @ Shioji Pashi @ Shioji Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29739 of 2019 Arising Out of PS. Case No.-379 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== Shivji Pasi @ Shioji Pashi @ Shioji Chaudhary, Son of Late Kashinath Pasi, Resident of Village - Gopalpur, P.S.- Hussainganj, District- Siwan ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ramadhar Shekhar, Advocate For the Opposite Party :

Mr. Ajay Kumar-I, 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 Hussainganj P.S. Case No.379 of 2018 registered under Sections 30(a), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by the learned counsel for the petitioner that the alleged liquor was not recovered from the conscious possession of the petitioner. The seizure list would show that only 2 litres of illicit liquor was recovered from the house of the petitioner, which is occupied by several persons and the two girls present in the house namely, Madhu Kumari and Nikki Kumari were made named accused and the copy of the seizure list was handed over to them.

Patna High Court CR. MISC. No.29739 of 2019(2) dt.22-05-2019 2/2 Learned counsel for the State has opposed the application for grant of bail to the petitioner. Considering the nature of the offence and the allegation made in the first information report, 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 learned A.D.J.-II-cumSpecial Judge, Excise Act, Siwan in connection with Hussainganj P.S. Case No.379 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 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.) Sanjeet/- U T