Bodh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58106 of 2018 Arising Out of PS. Case No.-120 Year-2017 Thana- GOPALPUR District- West Champaran ====================================================== Bodh Sah S/o Dashrath Sah, R/o Vill.- Tengarahiya, P.S.- Gopalpur, DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Atul Chandra APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 I have heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences punishable under sections 461, 379 and 34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 38.25 litres of Nepali liquor was taken away by the seven named accused persons from Malkhana of the Police Station. It is contended that the petitioner is not named the first information report and no incriminating articles were recovered from the possession of the petitioner. It is further contended that petitioner's name has cropped up during course of investiagtion. It is also contended that named co-accused, viz. Chandrashekhar Pandit and Bira Sahni have been granted bail vide Annexure 2

Patna High Court Cr.Misc. No.58106 of 2018(2) dt.06-10-2018 2/2 series. Petitioner claims that he is having clean antecedent and is in custody since 05.05.2018.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, West Champaran at Bettiah, in connection with Gopalpur P.S. Case No. /120 of 2017.

If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

(Dr. Ravi Ranjan, J) Spd/- U T