Patna High CourtCR. MISC./55476/2016bail granted

Sikander Sah v. The State Of Bihar

2016-12-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55476 of 2016 Arising Out of PS.Case No. -287 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Sikander Sah, Son of Shyam Lal Sah, Resident of Village - Chakiya Mohalla, P.S. Kudra, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

This is an application for grant of regular bail for offences punishable under Section 30A/38 of the Bihar Excise Act.

It has been submitted on behalf of the petitioner that though huge quantity, as alleged, has been recovered from the possession of the petitioner but as a matter of fact, the said recovery has not been made from the house of the petitioner rather it has been found from a room used for keeping the 'chara', which is accessible to other people also, therefore, it cannot be said that the said recovered liquor belongs to the petitioner. The petitioner has been judicial custody since 03.11.2016.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.55476 of 2016 (2) dt.23-12-2016 2/2 Having heard both sides. In view of the fact that alleged recovery has not been made from the conscious possession of the petitioner rather the same was recovered from a place, which is accessible to other people also and the petitioner has been in judicial custody since 03.11.2016, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Kudra P.S. Case No. 287 of 2016. (Vinod Kumar Sinha, J) sunil/- U