Kishori Sah @ Kishori Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5535 of 2015 Arising Out of PS.Case No. -57 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kishori Sah @ Kishori Saw S/O Late Gauraishankar Sah@Gauraishankar Saw Resident of vill-Karhawa,P.S-Banjariya,Distt.-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-02-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 22.09.2014 in a case registered for the offences punishable under Section 47(a) of the Excise Act.

From the place of manufacturing of the petitioner 1200 kgs. raw materials and 70 litres of country made liquor were recovered.

It is submitted by learned counsel for the petitioner that the seizure was made on 18.06.2014 whereas the prosecution report was transmitted to the learned CJM on 30.06.2014 and this fact has not been verified that the place of

Patna High Court Cr.Misc. No.5535 of 2015 (02) dt.13-02-2015 2/2 manufacturing actually does not belong to the petitioner. Considering the delay transmission of the prosecution report to the court and the period under custody, let the above named petitioner, 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Excise Case No. 57 of 2014.

Since the petitioner has criminal antecedent, the learned court below will cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions. (Dinesh Kumar Singh, J) DKS/- U T