Shambhu Sah @ Sabho Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45192 of 2021 Arising Out of PS. Case No.-372 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== Shambhu Sah @ Sabho Sah Son of Sikendra Sah Resident of Village - Rajandipur, P.S. - Sabour, District - Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-01-2022 Heard the parties through the video conferencing. Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State. Petitioner who is in custody since 11.2.2021 seeks regular bail in connection with Sabour P.S. Case No. 372 of 2020 registered for the offence punishable under section 30(a)/37(c) of Bihar Prohibition and Excise Amendment Act, 2016. Prosecution case in brief is that altogether 4 liters of country made liquor has been recovered from the house of the petitioner by the raiding team of Sabour Police Station. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he is behind the Bars from 11.2.2021.

Learned counsel for the State has opposed the prayer

Patna High Court CR. MISC. No.45192 of 2021(2) dt.11-01-2022 2/2 for grant of bail to the petitioner.

Considering the above mentioned facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 100,000/- (One lakh) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II cum Special Judge, Excise Act, Bhagalpur, in connection with Sabour P.S. Case No. 372 of 2020 subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) Ravi/- U T