Tulsi Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.1508 of 2017 (2) dt.17-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1508 of 2017 Arising Out of PS.Case No. -229 Year- 2016 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Tulsi Sah, Son of Balak Sah.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party/s : Mr. Sri Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bairiya P.S. Case No. 229 of 2016 registered under Sections 38(1)/41(i)(ii) of the Bihar Excise Prohibition Act, 2016. The accusation is that petitioner along with Ram Surat Mahto and Lalan Ram were apprehended by the police in fair at the time of preparing of country made liquor, from where, 600 ml country made liquor, in two plastic bottles and semi prepared materials for preparing of liquor were recovered. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion. It is further submitted that petitioner has no criminal antecedent and is in custody since 14.11.2016.

Patna High Court Cr.Misc. No.1508 of 2017 (2) dt.17-01-2017 Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 229 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T