Suresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60952 of 2022 Arising Out of PS. Case No.-605 Year-2022 Thana- BAGHA District- West Champaran ====================================================== SURESH SAH Son of Nami Turha Resident of Village - Chakhani, P.S.- Bagha, District- west Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhagya Narain Gupta, Adv For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-01-2023 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in connection with Bagha P.S. Case No. 605 of 2022 registered under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

8 litres country-made liquor is alleged to have been recovered from the petitioner.

Learned counsel for the petitioner submits that liquor was planted on his possession. He has become victim of the circumstance

Patna High Court CR. MISC. No.60952 of 2022(2) dt.06-01-2023 2/2 and is in custody since 01.09.2022. He is on bail in Bagaha P.S. Case No. 308/2021.

Learned APP has opposed the prayer for bail.

Considering the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submission advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bagha in Bagha P.S. Case No. 605 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T