Mahesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66478 of 2018 Arising Out of PS. Case No.-438 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Mahesh Sah, S/o Vindeshwari Sah, Resident of Village- Barmadia, P.S.- Chakia, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. Smt. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Excise Case No. 438 of 2018 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is recovery of total 33.95 liters country made liquor from the house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. The alleged recovery has neither been made from this possession nor his house. Seizure list has

Patna High Court Cr.Misc. No.66478 of 2018(2) dt.20-11-2018 2/2 not been prepared in terms of Section 100 of Cr.P.C. He has no criminal antecedent. He is in custody since 10.09.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Motihari, East Champaran in connection with Excise Case No. 438 of 2018.

(S. Kumar, J) Rajiv/ManojU T