Chhoti Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43847 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHEPURA ====================================================== Chhoti Sah, Son of Late Kapuri Sah, resident of Village- Rampur, P.S.- Murliganj, District- Madhepura.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bam Bahadur Jha, Advocate For the Opposite Party : Mr. Sri Ahtash Ali Khan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Murliganj P.S Complaint Case No. C-72(7) of 2016, registered for the offence punishable under Sections 47(A) and 53(A) of the Bihar Excise Act (Amendment) Act, 2016 Allegedly, 800 M.L. illicit liquor was recovered and further the petitioner was found taking alcohol. Submission is of false implication and that the petitioner is suffering in custody since 13.07.2016, he has been sufficiently penalized and, as such, the petitioner deserves sympathetic consideration.

In the facts and circumstances stated above,

Patna High Court Cr.Misc. No.43847 of 2016 (3) dt.15-12-2016 2/2 considering the detention of the petitioner now, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura, in connection with Murliganj P.S. Complaint Case No. C-72(7) of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T