Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47927 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- KALYANPUR District- Samastipur ====================================================== SANTOSH SAH S/o Jay Kishun Sah @ Kishun Sah Resident of VillageBirsingpur, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Kalyanpur P.S. Case No. 72/2019, instituted for offence under Section(s) 30(a), 41(2)(1) of the Bihar Prohibition and Excise Act, 2016. It is alleged that 648 litres of foreign liquor has been recovered from the wheat field.

Seizure-list is part of F.I.R., which does not bear signature of petitioner.

Petitioner is in custody since 17.06.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.47927 of 2019(2) dt.08-08-2019 2/2 amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Samastipur, in connection with Kalyanpur P.S. Case No. 72/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner. From para 3 of bail petition it appears that one other case of Excise Act is pending against this petitioner. The petitioner will file affidavit at the time of filing bail bond that he would not indulge in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond in the instant case will liable to be cancelled. (Sanjay Priya, J) rakhi/- U T