Kanhaiya Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66459 of 2018 Arising Out of PS. Case No.-389 Year-2018 Thana- GARKHA District- Saran ====================================================== Kanhaiya Sah Son of Late Chhathi Lal Sah Resident of Village-Garkha,P.S. Garkha,Distt.-Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Garkha P.S. Case No. 389 of 2018 registered for the offence punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code and Sections 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

It has been alleged that on secret information the informant conducted a raid and one truck illegal liquor were being unloaded on a pick up van by 15 persons and on seeing the police all tried to flee away but two accused were apprehended which disclosed the name of petitioner who had fled away. The prime accused Mahangu Rai has been granted bail by this Hon'ble Court vide order dated 12.10.2018 passed in Cr. Misc.

Patna High Court Cr.Misc. No.66459 of 2018(2) dt.06-11-2018 2/2 No. 64005 of 2018. Petitioner is in custody since 18.09.2018. Considering the aforesaid facts 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 6th Additional Sessions Judge, Saran at Chapra, in connection with Garkha P.S. Case No. 389 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T