Bharoshi Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.7936 of 2018 (2) dt.08-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7936 of 2018 Arising Out of PS.Case No. -450 Year- 2017 Thana -MAJORGANJ District- SITAMARHI ====================================================== Bharoshi Sah, son of Janki Sah, R/O Village- Dheng, P.S.- Mejarganj, District- 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. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Mejorgunj P.S. Case No. 450 of 2017 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(A)(F) of the Bihar Prohibition and Excise Act.

The accusation is of recovery of 20 bottles, each containing 300 ml, Nepali Saufi from the hut situated in between the house of this petitioner and one Babita Devi. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the alleged illicit liquor was not seized from the house of the petitioner rather same was recovered from hut situated near the house of the petitioner due to that reason petitioner has falsely been implicated in this case mere on

Patna High Court Cr.Misc. No.7936 of 2018 (2) dt.08-02-2018 suspicion. It is further submitted that petitioner has no criminal antecedent and is in custody since 08.11.2017. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 the 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Sitamarhi, in connection with Mejorgunj P.S. Case No. 450 of 2017 . Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T