Bira Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52770 of 2017 Arising Out of PS. Case No.-120 Year-2017 Thana- GOPALPUR District- West Champaran ====================================================== Bira Sahani, son of late Ganesh Sahani, Resident of village, Ghogha Malahi Tola, Police Station, Gopalpur, District, West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Kishun Prasad For the Opposite Party/s :

SMT. SHARDA KUMARI ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 461, 379/34 of the I.P.C. and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. It is contended that, as per allegation, 38.25 litres Nepali liquor was taken away by the accused persons including the petitioner from Malkhanaa of the police station. It is further contended that nothing has been recovered from the possession of the petitioner. Petitioner claims that he is having clean antecedent and is in custody since 24.08.2017. Having regard to the facts and the circumstances of the case, the abovenamed petitioner is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten

Patna High Court Cr.Misc. No.52770 of 2017(2) dt.09-11-2017 2/2 Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 120 of 2017.

Further, if the petitioner, after his release in this case, is again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of his bail bond.

(Dr. Ravi Ranjan, J) Sanjay/- U T