Kishori Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56189 of 2023 Arising Out of PS. Case No.-1148 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Kishori Sah S/O Late Gauri Sah @ Gaurishankar Sah R/O Village- Khadwa Mushar Toli, Ps. Banjariya, Dist. East Champaran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Turkauliya (Banjariay) P.S. Case No.1148 of 2022 registered on 03.12.2022 lodged under Sections272, 273 of the I.P.C. and 30(a), 32, 34, 41(i) of the Bihar Prohibition and Excise Act, 2018.
3. As per the prosecution case, 50 liter of desi wine has been recovered with regard to this case.
4. Counsel for the petitioner submits that name of the petitioner has been figured in this case due to the reason that there are 12 criminal antecedents of him.
5. Counsel further submits that petitioner is innocent
Patna High Court CR. MISC. No.56189 of 2023(2) dt.30-08-2023 2/3 and has committed no offence. He further submits that petitioner is in custody since 24.05.2023 and for the rest 12 cases petitioner is on bail. He also submits that petitioner is a law abiding citizen and he is ready to fulfill all the conditions whatsoever shall be imposed upon him.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Champaran, Motihari in connection with Turkauliya (Banjariay) P.S. Case No.1148 of 2022, subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
Patna High Court CR. MISC. No.56189 of 2023(2) dt.30-08-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) Ashishsingh/- U T