Birendra Sah @ Virendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6503 of 2018 Arising Out of PS. Case No. -403 Year- 2017 Thana -DHAKA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Birendra Sah @ Virendra Sah, S/o Late Sampat Sah, Resident of Mohalla Phulwariya, P.S.- Dhaka, District- East Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ajay Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 12.12.2017 in connection with Dhaka P.S. Case No. 403 of 2017 for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of 17.4 litres of Nepali wine from the grocery shop of the petitioner. It is submitted that the petitioner has no concern with the goods recovered and he was not arrested at the spot. The petitioner claims clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge Excise, East Champaran at Motihari, in connection with Dhaka P.S. Case No. 403 of 2017, on the following conditions:-
Patna High Court Cr.Misc. No.6503 of 2018 (2) dt.09-02-2018 2/2 (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) B.T/Chandran U T