Sushil Sah @ Sushil Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40702 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- PANDAUL District- Madhubani ====================================================== 1.

Sushil Sah @ Sushil Kumar Sah, Son of Ramu Sah, Resident of VillageSarisab Pahi, P.S.- Pandaul, District- Madhbani. 2.

Ashok Kamati @ Ashok Kamat, Son of Asharfi Kamati, Resident of VillageSarisab Pahi, P.S.- Pandaul, District- Madhbani ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2019 This is an application for grant of anticipatory bail in connection with Pandaul P.S. Case No. 109 of 2019, disclosing offences under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 36, 38(a), 41(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution story is that police got a secret information that two persons are bringing liquor, the police party raided the place of occurrence and saw that two persons fleeing away after throwing the bags and thereafter, about 14.625 liters of illicit liquor was recovered and the name of the petitioners were disclosed by the Chowkidar and other persons. Submission of the learned counsel for the petitioners is that nothing has been recovered from their possession and the

Patna High Court CR. MISC. No.40702 of 2019(2) dt.02-07-2019 2/2 name of the persons who identified the petitioners has not been disclosed and apart from that though the petitioners are an accused in more cases but does no relates to the similar type of allegation.

Heard learned A.P.P. also.

Having heard both sides, considering the fact that nothing has been recovered from the possession of the petitioners, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Additional District & Sessions Judge-II-Cum-Special Judge, Excise Act, Madhubani, in connection with Pandaul P.S. Case No.109 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T