Hirdya Sah Tuhra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25551 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -JAMOBAZAR District- SIWAN ====================================================== Hirdya Sah Tuhra S/o Ramawatar Sah, resident of village - Alampur, P.S. Jamo Bazar, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Sri Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2017 Heard Mr. Rakesh Kumar, learned counsel for the petitioner and Sri Choubey Jawahar, APP for the State. Petitioner is seeking regular bail in connection with Jamo Bazar P.S. Case No. 01/2017, G.R. No. 45/2017 registered under sections 272, 273, 308, 420 of Indian Penal Code and section 30 Bihar Excise Act 2016.

Learned counsel for the petitioner referring to the First Information Report would submit that Officer-in-charge of the concerned police station has recorded self statement leading to the present case.

The allegation is that the petitioner kept english wine in huge quantity in a room of his house for sale. Learned counsel submits that apparently no seizure has been made for his

Patna High Court Cr.Misc. No.25551 of 2017 (2) dt.12-06-2017 2/2 possession and the house, from where recovery is said to have been made, belonged to a joint family and other family members are also residing. The petitioner has been in custody since 27.03.2017 and has no criminal antecedent.

The learned APP opposed the prayer for regular bail, however, considering that the petitioner has no criminal antecedents and the recovery has not been made from this person rather it is made from the house allegedly belonging to the petitioner, let the petitioner, namely, Hirdya Sah Tuhra be released on completion of three months of the custody on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-13 Siwan in connection with Jamo Bazar P.S. Case No. 01/2017, G.R. No. 45/2017.

(Rajeev Ranjan Prasad, J.) veena/- U T