Patna High CourtCR. MISC./34881/2018bail granted

Harihar Sah And ORS v. The State Of Bihar

2018-06-22Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34881 of 2018 Arising Out of PS. Case No.-474 Year-2018 Thana- SITAMARHI District- Sitamarhi ======================================================

1. Harihar Sah, s/o Ram Vilash Sah,

2. Sanjit Kumar, S/o Gaurishanker Sah,

3. Gaurishanker Sah, S/o Ram Vilash Sah, All Resident of VillagePunaura, P.S. and District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Sitamarhi P.S. Case no. 474 of 2018 registered under Sections 272, 273 of the Indian Penal Code and Section 30(A) of Bihar Prohibition and Excise Act-2016.

39.900 lts. of Nepali wine is said to have been recovered from the house of Harihar Sah and petitioners were apprehended from the said house.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no concern

Patna High Court Cr.Misc. No.34881 of 2018(2) dt.22-06-2018 2/2 with the seized liquor. They have been falsely implicated in this due to dirty village politics. The house of the petitioner no. 1 Harihar Sah is his joint family house and is inhabited by his several family members, and they had no knowledge of keeping the liquor in the said house. They have no criminal antecedent. They have been languishing in custody since 9.05.2018. In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Sitamarhi in connection with Sitamarhi P.S. Case no. 474 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T