Kumod Sah @ Kamod Ranjan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40026 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- ARER District- Madhubani ====================================================== Kumod Sah @ Kamod Ranjan Sah, aged about 32 years, Male, son of Late Sahdeo Sah, Resident of Village- Navtoli, P.S.- Arer, District- Madhubani. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :
Mr. Ram Bachan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Arer P.S. Case No. 50 of 2019 (G.R. No.972 of 2019), registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. About 4.5 liters of foreign liquor has been recovered by the next side of terrace of the petitioner. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent.
Looking to the quantity of liquor, let the abovenamed petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of
Patna High Court CR. MISC. No.40026 of 2019(2) dt.01-07-2019 2/2 Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge, 2nd, -cum-Special Judge, Excise Act, Madhubani, in connection with Arer P.S. Case No. 50 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 28.06.2019 then his bail bond would not be accepted. (Shivaji Pandey, J) pawan/- U T