Bhushan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68429 of 2019 Arising Out of PS. Case No.-138 Year-2018 Thana- SATHI District- West Champaran ====================================================== 1.

BHUSHAN SAH Son of Sri Bhairolal Sah Resident of Village - Basantpur, P.S.- Sathi, District- West Champaran 2.

Raju Mukhiya Son of Sri Rudal Mukhiya Resident of Village - Basantpur, P.S.- Sathi, District- West Champaran 3.

Mukesh Mukhiya Son of Sri Rama Mukhiya @ Shama Mukhiya Resident of Village - Basantpur, P.S.- Sathi, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-12-2019 The petitioners seek regular bail in connection with Sathi P.S. Case No. 138 of 2018, registered for offences punishable under Section 272, 273, 413, 414, 467, 468, 471/34 of the Indian Penal Code and Section 30(a), 30(b), 30(c ) of Bihar Prohibition and Excise Act, 2016.

Allegation as per F.I.R. is that police received information about manufacturing of liquor by accused person, on which, the police raided the place and on seeing the police 50-60 male and female started fleeing away, however, six accused persons arrested, who disclosed the names of petitioners and others as the persons, who were engaged in preparation and selling the liquor and it is alleged that from the house of petitioner no. 1 huge quantity of

Patna High Court CR. MISC. No.68429 of 2019(2) dt.11-12-2019 2/2 jaggery was recovered.

It has been submitted on behalf of the petitioners that there is no recovery of liquor from the petitioners and they have falsely been implicated in this case and have been in custody since 18.07.2019 and other accused persons have been enlarged on bail, which will appear from annexure -2 series and now chargesheet has been submitted.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts and also the fact that chargesheet has been submitted and there is no chance of tampering with the evidence, as such, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran, Bettiah, in connection with Sathi P.S. Case No. 138 of 2018, subject to the condition that petitioners will cooperate in disposal of trial and make themselves available as and when required by the court below, failing which, the prosecution shall move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) sunilkumar/- U T