Rajesh Kumar Sah @ Jagga @ Rajesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31064 of 2019 Arising Out of PS. Case No.-361 Year-2018 Thana- PALASI District- Araria ====================================================== Rajesh Kumar Sah @ Jagga @ Rajesh Sah Son of Laxman Sah @ Lachhu Sah Resident of Village - Thakur Tola Palasi, P.S.- Palasi, Dist.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Palasi P.S. Case No. 361 of 2018 instituted for the offence under sections 272 and 273/34 of the IPC Section 30(a) of Bihar Prohibition & Excise Act, 2016.

Learned counsel for petitioner has submitted that there is no recovery of any illicit liquor from conscious possession of this petitioner. Seizure list is part of the FIR which shows that the recovery has been made from the bush situated behind the house of this petitioner.

Petitioner is in custody since 10.04.2019.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.31064 of 2019(2) dt.09-05-2019 2/2 each to the satisfaction of the learned 2nd Additional Sessions Judge cum Special Judge, Araria in connection with Palasi P.S. Case No. 361 of 2018 corresponding to Special Case No. 1692 of 2018, subject to the condition that both the bailors shall be the close relative of the petitioner.

It is mentioned in para 3 of the bail petition that one another case under the Excise Act is pending against this petitioner.

Petitioner will file affidavit at the time of filing bail bond that he would not indulge himself in such type of activities in future. If he is found indulged in such type of activities, his bail bond in the instant case will liable to be cancelled.

(Sanjay Priya, J) shyambihari/mu keshU T