Bharat Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78458 of 2018 Arising Out of PS. Case No.-34 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Bharat Sah S/o Mahaveer Sah Resident of Ruhelaganj Lalbagh,Darbhanga,P.S.+P.O.-University,Keotiranway,Darbhanga,Bihar846004 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Puneet Siddhartha, Adv.

Mr. Aryan Sinha, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 This is an application for grant of anticipatory bail in connection with Vishwa Vidyalaya (L.N.M.U.) P.S. Case No. 34 of 2018, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 420, 201, 34 of the Indian Penal Code.

Allegation is of recovery of 746 liters liquor from the straw house of one Bishnu Sah and from Pickup van and the petitioner is also named in the F.I.R.

Submission of learned counsel for the petitioner is the the F.I.R. itself shows that the straw house is of co-accused Bishnu Sah, who has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 30.07.2018

Patna High Court Cr.Misc. No.78458 of 2018(2) dt.09-01-2019 2/2 passed in Cr. Misc. No. 41960 of 2018. Further, Pickup van does not belongs to the petitioner and he has been made accused only on the basis of suspicion and he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, let the petitioner, above named, be surrendered before the court below within a period of six weeks from the date of receipt of order of this Court and on surrender, he will be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judgecum-Special Judge, Excise, Patna, in connection with Vishwa Vidyalaya (L.N.M.U.) P.S. Case No. 34 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

However, it is made clear that if the petitioner again found involve in such type of case in future, the prosecution shall move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Amjad/- U T