Munna Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42074 of 2017 Arising Out of PS. Case No.-48 Year-2017 Thana- NATWAR District- Rohtas ====================================================== 1.

Munna Sah, 2.

Chitranjan Sah both sons of Bhagawan Sah, Resident of Village- Maharaja Gola , P.S.- Natwar, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Pandey For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Sri Ashok Kumar Pandey , learned counsel for the petitioners and learned Additional Public Prosecutor. Two petitioners apprehending their arrest in Natwar P.S. Case No. 48 of 2017 registered for the offence under section 272 , 273 of the Indian Penal Code , 1860 and Section 30 (a), 30, 35 , 38 of the Bihar Prohibition and Excise Act , 2016 have prayed for grant of bail in the event of their arrest or surrender.

It was submitted by learned counsel for the petitioners that it is a peculiar case in which though about 26 liters of Indian make foreign liquor was recovered from the field of one Kirpa Mahto, the said Kirpa Mahto was cited as a seizure list witness and petitioners and others have been named as

Patna High Court Cr.Misc. No.42074 of 2017(2) dt.21-09-2017 2/2 accused. He submits that nothing was recovered either from conscious possession of the petitioners or from the house / field of the petitioners and petitioners have falsely been made accused in the present case whereas, petitioners are having clean antecedent and this fact has been stated in paragraph no. 3 of the petition.

Considering the nature of accusation and clean antecedent of petitioners, in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners Munna Sah and Chitranjan Sah be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II - cum - Special Judge, Excise, Rohtas at Sasaram/ concerned court in connection with Natwar P.S. Case No. 48 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 .

(Rakesh Kumar, J) praful/- U