Indra Kumar Sahu @ Indal Sahu @ Indal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39047 of 2017 Arising Out of PS. Case No.-178 Year-2017 Thana- BIRAUL District- Darbhanga ====================================================== Indra Kumar Sahu @ Indal Sahu @ Indal Sah, S/o Ganesh Sao, Resident of Village- Afjala, P.S.- Biraul, Distt. - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Dr. Shashi Shekhar Kishore For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-11-2017 Heard Dr. Shashi Shekhar Kishore, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, apprehending his arrest in Biraul P.S. Case No. 178 of 2017, registered for the offence under section 272/ 273 of the Indian Penal Code , 1860 and Section 30(a), 38(i) 41(i) of the Bihar Prohibition and Excise Act, 2016 and G.O. Case No. 755 of 2017 has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by Dr. Kishore that petitioner has falsely been made accused on an allegation that being owner of a "dhaba", which was not in running condition, two empty bottles of foreign liquor and one empty glass was shown recovered and only on this very ground petitioner has been made accused.

Patna High Court Cr.Misc. No.39047 of 2017(4) dt.09-11-2017 2/2 Considering the nature of accusation, there is no reason to refuse the prayer for anticipatory bail. Accordingly , in the event of arrest or surrender within a period of six weeks from today, let the petitioner Indra Kumar Sahu @ Indal Sahu @ Indal Sah be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge - cum - Special Judge, Darbhanga / concerned court in connection with Biraul P.S. Case No. 178 of 2017 and G.O. Case No. 755 of 2017 subject to the conditions as contemplated under section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T