Patna High CourtCR. MISC./45733/2021bail granted

Kailash Sah v. The State Of Bihar

2021-08-25Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45733 of 2021 Arising Out of PS. Case No.-288 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== KAILASH SAH Son of - Dhaneshwar Sah Resident of village - Thengaha Ward No. 3, P.S. Sour Bazar, Dist. - Saharsa. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Chandra Mohan Jha For the Opposite Party :

Smt. Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-08-2021 The matter has been taken up for hearing on-line because of COVID-19 Pandemic restrictions.

Heard learned counsel for the parties.

This application for grant of regular bail arises out of Special (Excise) Case No.273 of 2020 arising out of Sour Bazar P.S. Case No.288 of 2020, registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner is in custody since 21.07.2020. His prayer for regular bail was earlier rejected by an order dated 22.12.2020 passed in Cr. Misc. No. 34032 of 2020 with an observation that the petitioner shall be at liberty to renew his prayer for regular bail after six months, if there was no substantial progress at the trial at all. It is the case of the prosecution that from the petitioner's house 212 liters of illicit

Patna High Court CR. MISC. No.45733 of 2021(2) dt.25-08-2021 2/2 foreign liquor was recovered.

Considering the facts and circumstances of this case and the nature of accusation, this application is allowed. 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 each to the satisfaction of the learned A.D.J. 2nd -cum-Special Judge, Saharsa, in Sour Bazar P.S. Case No.288 of 2020.

(Chakradhari Sharan Singh, J) Pawan/- U T