Shivji Sah @ Shivjee Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64069 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- SINGHIYA District- Samastipur ====================================================== SHIVJI SAH @ SHIVJEE SAH, aged about 23 years, Male, Son of Late Aklu Sah, Resident of Village- Pipra Singhia, P.S.- Singhia, District- Samastipur ... Petitioner

Versus

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

For the Petitioner :

Mr. Pankaj Kumar, Adv.

For the Opposite Party :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2019 The learned counsel for the petitioner is permitted to make the necessary correction in the prayer portion of this application.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Singhiya P.S. Case No. 111 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving secret information about selling the liquor by the petitioner in village Pipra Singhiya, the informant, along with other police officials, reached there and surrounded the house of the petitioner. On seeing the police party, several persons gathered there. In course of search, no person was found in the house. In the back of the house 188 bottles, each containing 180 ml Indian made

Patna High Court CR. MISC. No.64069 of 2019(2) dt.18-10-2019 2/2 foreign liquor recovered concealing in the leaves. Submission is that at the time of search of the house of the petitioner, petitioner was not present and the alleged seized bottles were not recovered from the house of the petitioner. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Singhiya P.S. Case No. 111 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II-cum-Special Judge, Excise Act, Samastipur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T