Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60646 of 2019 Arising Out of PS. Case No.-718 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Raj Kumar Sah Son of Ram Chandra Sah Resident of Village - Minapur Center, P.S.- Minapur, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 414/34 of the Indian Penal Code and Sections 30(a)/30(b)/38/41/39 of the Bihar Prohibition and Excise Act, 2016.

Submission is that recovery of liquor was not from the possession of the petitioner; rather name of the petitioner surfaced in the confessional statement of co-accused. The petitioner is in custody since 04.08.2019. Further submission is that petitioner has got one criminal antecedent, however, in that case name of the petitioner surfaced in the confessional statement of co-accused. However, there is no recovery was made from the possession of the petitioner.

Patna High Court CR. MISC. No.60646 of 2019(2) dt.01-10-2019 2/2 Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Ahiyapur P.S. Case No.718 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T