Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4439 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- SAHIYARA District- Sitamarhi ====================================================== SUNIL SAH SON OF RAMCHANDRA SAH Resident of Village - Madhubani Got, P.S.- Sahiyara, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Sahiyara P.S. Case No. 88 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, 113 litres of foreign liquor has been recovered from the hut of this petitioner. It is submitted that nothing has been recovered from conscious possession of this petitioner. The hut in question is in joint possession of the family. Petitioner is in custody since 28.09.2020 having clean antecedent, as stated in para 3 of the

Patna High Court CR. MISC. No.4439 of 2021(3) dt.06-04-2021 2/2 petition.

Considering the fact that no recovery has been made from conscious possession of the petitioner and bears clean antecedent, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cumSpecial Judge (Excise Act), Sitamarhi in connection with Sahiyara P.S. Case No. 88 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T