Ganesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2856 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== GANESH SAH S/o Mohan Sah R/o Village- Jadopur Shukl, P.S.- Jadopur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Jadopur @ Yadopur @ Yadavpur P.S. Case No. 90 of 2020, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

22.4 litres of country made liquor has been recovered from the house of petitioner.

It is submitted that nothing has been recovered from conscious possession of this petitioner. The house in question is in joint possession. Petitioner is in custody since 26.09.2020 and bears clean antecedent.

Considering the facts and circumstances of the case and fact that petitioner has got no criminal antecedent, the

Patna High Court CR. MISC. No.2856 of 2021(2) dt.10-03-2021 2/2 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 District and Sessions Judge II-cum-Special Judge (Excise), Gopalganj in connection with Jadopur @ Yadopur @ Yadavpur P.S. Case No. 90 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