Ashok Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36075 of 2020 Arising Out of PS. Case No.-111 Year-2020 Thana- AANDAR District- Siwan ====================================================== 1.
Ashok Kumar Sah son of Shamkar Sah resident of village- Andar, P.s.- Andar, Dist.- Siwan 2.
Sudhir Pandit son of Late Swaminath Pandit resident of village- Andar, P.s.- Andar, Dist.- Siwan 3.
Kranti Yadav @ Kranti Kumar Yadav son of Umesh Yadav resident of village- Dahabari, P.s.- Andar, Dist.- Siwan ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-04-2021 Heard Mr. Ajay Kumar Tiwary, learned counsel for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Andar P.S. Case No. 111 of 2020 dated 16.07.2019 instituted for the offence under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
From the prosecution report, it appears that two motorcycles were signalled to be stopped. However, out of the four persons who were riding the motorcycles, three of
Patna High Court CR. MISC. No.36075 of 2020(2) dt.06-04-2021 2/3 them managed to run away whereas one person, namely, Karan Kumar was arrested. It further appears that a total of about 76.800 litres of liquor was recovered.
The petitioners are being prosecuted in this case on the basis of disclosure made by the Karan Kumar who was arrested by the police.
It has been submitted on behalf of the petitioners that apart from the statement of the aforesaid Karan Kumar, there is no other material to connect the petitioners with the offence.
The motorcycles also do not belong to the petitioners.
The petitioners have clean antecedents.
Considering the afore-noted facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.36075 of 2020(2) dt.06-04-2021 3/3 learned Additional Sessions Judge -II-cum-Special Judge, Excise, Siwan, in connection with Andar P.S. Case No. 111 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashutosh Kumar, J) sunilkumar/- U T