Ram Ekbal Sah @ Ram Ekwal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67837 of 2018 Arising Out of PS. Case No.-319 Year-2018 Thana- MAJORGANJ District- Sitamarhi ====================================================== Ram Ekbal Sah @ Ram Ekwal Sah, S/o Soman Sah, Resident of VillageManiyari, P.S.- Mejorgunj, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Smt. Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Mejorganj (Suppi O.P.) P.S. Case No. 319 of 2018 instituted for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

In the written report it is alleged that 100 pieces of Nepali Saufi kept in a bag has been recovered from Jalawan of Prabhu Sahni. It is further alleged that 186 pieces of Nepali Saufi has also been recovered from behind the shop of petitioner.

From the written report it is apparent that total 85.8 liters of Nepali Saufi has been recovered from behind the shop of petitioner.

Patna High Court Cr.Misc. No.67837 of 2018(2) dt.26-11-2018 2/2 Seizure list has been prepared. Seizure list is part of the First Information Report. From the seizure list it appears that there is no recovery from conscious possession of the petitioner.

Counsel for the petitioner submits that petitioner is in custody since 25.9.2018.

It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.II cum Special Judge, Excise Act, Sitamarhi, in connection with Mejorganj (Suppi O.P.) P.S. Case No. 319 of 2018 subject to the condition that both the bailors will be the close relatives of the petitioner. S.Ali/- (Sanjay Priya, J) U T