Patna High CourtCR. MISC./4334/2021bail granted

Sunil Sah v. The State Of Bihar

2021-03-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4334 of 2021 Arising Out of PS. Case No.-143 Year-2020 Thana- TATARPUR District- Bhagalpur ====================================================== Sunil Sah Son of Jainath Sah R/O Ashanandpur, P.S.-Tatarpur, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

19-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Tatarpur P.S. Case No. 143 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, 186.700 liters of foreign liquor has been recovered from the house-cum-shop of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner. Petitioner has got clean antecedent and he is in custody since 01.10.2020. Chargesheet has already been submitted. Considering the clean antecedent of the petitioner and the fact that chargesheet has already been submitted, the bail application of petitioner is allowed. Let the above named

Patna High Court CR. MISC. No.4334 of 2021(2) dt.19-03-2021 2/2 petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Excise, Bhagalpur in connection with Tatarpur P.S. Case No. 143 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T