Sita Ram Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59019 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== Sita Ram Sah, Son of Ram Shreshth Sah Resident of Village - Olipur, P.S.- Mahindwara, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahindwara P.S. Case No. 35 of 2019, registered under Sections 30(a),(b),(c),(f)/34/36/41 of the Bihar Excise Act,2016. The accusation is of recovery of seven litre spirit, six bottles each containing 750 ml and 30 bottles each containing 375 ml Indian made foreign liquor concealing in paddy straw over the land of Md. Jubair. The spy disclosed the name of four persons including the petitioner indulging in concealing the aforesaid liquor over the land of Md. Jubair. Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner was not

Patna High Court CR. MISC. No.59019 of 2019(2) dt.19-09-2019 2/2 apprehended at the spot nor any incriminating materials have been recovered from his possession. Further submission is that petitioner was accused in one another case in similar nature due to that reason he has been implicated in the present case. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cumSpecial Judge, Excise Act, Sitamarhi, in connection with Mahindwara P.S. Case No. 35 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T