Patna High CourtCR. MISC./43742/2023bail granted

Ramakant Sah v. The State Of Bihar

2023-07-14Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43742 of 2023 Arising Out of PS. Case No.-78 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Ramakant Sah, S/O Late Jokhu Sah R/O Village- Dharhar, P.SChhaurandano, Distt.- East Champaran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 188, 272, 273, 420, 308 of the I.P.C. and Sections 30(a), 32, 41(i) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 570 litres of liquor from the bank of a river.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be

Patna High Court CR. MISC. No.43742 of 2023(2) dt.14-07-2023 2/2 implicated by villagers, but then, the name of the villager is not disclosed, who disclosed the name of the petitioner. It is further submitted that even alleged recovery is from a place, which is accessible to public at large.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.2, East Champaran, Motihari in connection with Chauradano P. S. Case No.78 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T