Mithilesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62734 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== 1.

MITHILESH SAH Son of Bhutkun Sah Resident of Village - Olipur Sarhatia, P.S.- Mahindwara, District - Sitamarhi. 2.

Nitesh Sah @ Sitesh Kumar Son of Bhutkun Sah Resident of Village - Olipur Sarhatia, P.S.- Mahindwara, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Mahindwara P.S.Case No.29/19 , registered for offences punishable under Sections 30(a)(b), (c)(f),34 36 and 41 of the Bihar Prohibition and Excise Act, 2016.

As per FIR, the police got information of manufacturing of the liquor and on raid 78 and odd ltrs. of foreign liquor has been recovered, one person was arrested and he has disclosed the name of the petitioner and other accused persons. Submission of the learned counsel for the petitioners is that except the disclosure, nothing has come against the petitioner and co-accused persons having similar allegation

Patna High Court CR. MISC. No.62734 of 2019(3) dt.04-11-2019 2/2 have been granted privilege of the anticipatory bail by Coordinate Bench of this Court, vide order dated 31.7.2019 passed in Cr. Misc. No.33560 of 2019 and order dated 13.5.2019 passed in Cr. Midc. No.31313 of 2019. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Distt. and Sessions Judge II cum Spl. Judge, Excise Act, Sitamarhi in connection with Mahindwara P.S.Case No.29 of 2019 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T