Baijnath Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51122 of 2019 Arising Out of PS. Case No.-165 Year-2019 Thana- BASOPATTI District- Madhubani ====================================================== BAIJNATH KUMAR SAH Son of Late Raj Kumar Sah Resident of Village - Chachraha, P.S.- Basopatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Basopatti P.S. Case No. 165/2019, instituted for offence under Section(s) 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act.

90 litres of illicit liquor is alleged to have been recovered from the motorcycle of petitioner.

Petitioner is in custody since 18.07.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions

Patna High Court CR. MISC. No.51122 of 2019(2) dt.17-08-2019 2/2 Judge-cum-Special Judge, Excise Act, Madhubani, in connection with Basopatti P.S. Case No. 165/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

From para 3 of bail petition it appears that other cases of Excise Act are pending against this petitioner. The petitioner will file affidavit at the time of filing bail bond that he would not indulge in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond in the instant case will liable to be cancelled. (Sanjay Priya, J) rakhi/- U T