Shivaji Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5955 of 2017 Arising Out of PS.Case No. -388 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shivaji Sah S/o Late Bhagwan Sah Resident of Lakshmipur Lakhaura, P.S. Lakhaura, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 22-02-2017 Heard both sides.

The petitioner seeks bail in connection with Ghorasahan (Jharokhar) P.S. Case No. 388 of 2016, instituted for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 47(a) of the Bihar Excise Amendment Act, 2016. The allegation is that this petitioner was apprehended by the police while carrying 6 lts. and 600ml. of Nepali Saufi liquor. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession. He has been falsely implicated and is in custody since 01.10.2016 having no criminal antecedent.

Learned APP, on the other hand, opposed the prayer. Considering the period of incarceration of the petitioner

Patna High Court Cr.Misc. No.5955 of 2017 (2) dt.22-02-2017 2/2 as also the facts and circumstances as stated above, the prayer of bail application is allowed. The petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikarhana, East Champaran in connection with Ghorasahan (Jharokhar) P.S. Case No. 388 of 2016.

(Sanjay Kumar, J) rohit/- U T