Shambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75179 of 2018 Arising Out of PS. Case No.-282 Year-2018 Thana- SABAUR District- Bhagalpur ====================================================== SHAMBHU SAH, Son of Sikandar Sah, Resident of Village- Rajandipur Dhal, P.S.- Sabour, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Sabour P.S. Case No.1282/2018 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of about 13 litres country made liquor from a plastic bag which was being carried by the petitioner.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case merely on the basis of suspicion. Petitioner has no criminal antecedent and he is in custody since 20.09.2018.

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/- with two sureties of the like

Patna High Court Cr.Misc. No.75179 of 2018(2) dt.17-12-2018 2/2 amount each to the satisfaction of learned Second Additional District & Sessinos Judge-cum-Special Judge, Excise, Bhagalpur in connection with Sabour P.S. Case No.282/18, with following conditions:- (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.

(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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond. (S. Kumar, J) Sanjay/- U T