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Patna High CourtCR. MISC./2421/2017bail granted

Pramod Kumar Sah v. The State Of Bihar

2017-02-06Mr. Justice Rajendra Kumar Mishra2 pages

SIN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2421 of 2017 Arising Out of PS.Case No. -556 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Pramod Kumar Sah, son of Rameshwar Sah, R/o Village- Mohania Mallah Toli, P.S. Mohania, District Kaimur at Bhabua. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 06-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mohania P.S. Case No.556 of 2016/G.R. No.2975 of 2016 registered under Section 30(a) of the Bihar Excise Amendment Act.

The accusation is that on seeing suspicious condition, the petitioner was apprehended by the police and on search, one bottle, containing 375 ml. Indian Made Foreign Liquor, was recovered from his conscious possession. On query made by the police, the petitioner also disclosed about running a vegetable shop and also selling illicit liquor by him, further admitting keeping the Indian Made Foreign Liquor in his rented room situated in the house of Akhilesh Srivastava. Thereafter, the police also made search and recovered 46.54 liters

Patna High Court Cr.Misc. No.2421 of 2017 (2) dt.06-02-2017 2/2 Indian Made Foreign Liquor from the rented room of the petitioner, kept in different bottles.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case by the police on mere suspicion. Further submission is that the petitioner having no criminal antecedent is in custody since 02.12.2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Mohania P.S. Case No.556 of 2016/G.R. No.2975 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T