Amar Nath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1796 of 2021 Arising Out of PS. Case No.-185 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== Amar Nath Sah Son of Dinesh Sah @ Dinesh Kumar Sah Resident of Village Chaknawada, P.S- Dalsinghsarai, District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha,Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

04-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Dalsinghsarai P.S. Case No. 185 of 2020/Computer Registration No. 576 of 2020, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 45 liters of Indian make foreign liquor has been recovered from a motorcycle, which was parked near Baba Amar Singh Asthan situated at Maulvichak and the name of this petitioner has surfaced during course of investigation.

It is submitted on behalf of petitioner that neither anything has been recovered from the possession of the petitioner nor from his house. Petitioner is in custody since 18.09.2020.

Patna High Court CR. MISC. No.1796 of 2021(2) dt.04-03-2021 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner 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 learned Additional Sessions Judge 2nd cum Special Judge (Excise), Samastipur in connection with Dalsinghsarai P.S. Case No. 185 of 2020/Computer Registration No. 576 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