Ram Briksh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59917 of 2018 Arising Out of C2A -101 of 2018 GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Ram Briksh Sah, s/o Dhuran Sah, r/o -vill- Namidih, P.S. Lal Ganj, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Amresh Kumar Sinha For the Opposite Party/s :

Sri Ganesh Prasad Singh , A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-10-2018 Heard Sri Amresh Kumar Sinha, learned counsel for the petitioner and Sri Ganesh Prasad Singh, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with C2A-101 of 2018 , registered for the offence under Section 30(a) and 35(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner at the very outset has drawn my attention to the statement made in paragraph -3 of the petition to show petitioner is having clean antecedent. He further submits that in this case huge quantity of Indian make foreign liquor was shown to be recovered from a hut situated in an orchard which was not belonging to the petitioner and

Patna High Court Cr.Misc. No.59917 of 2018(2) dt.06-10-2018 2/2 petitioner has been made accused only on suspicion. Besides hearing, I have perused the materials available on record. In view of clean antecedent of the petitioner which fact has been stated in para- 3 of the petition as well as statement made in para- 8 of the petition that neither the hut nor the mango orchard was belonging to the petitioner , in the event of his arrest or surrender within a period of six weeks from today, let the petitioner / Ram Briksh Sah be enlarged 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 learned Addl. Sessions Judge , 2nd cum Spl. Judge, Hajipur, Vaishali / concerned court in connection with C2A -101 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T