Anil Sah @ Anil Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 23589 of 2018 Arising Out of PS. Case No.-321 Year-2017 Thana- Goraul District- Vaishali ====================================================== Anil Sah @ Anil Kumar Sah son of Nathuni Sah Resident of Village - Maziya, P.S. - Goraul (Kathara O.P.), District - Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anish Chandra For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

23-04-2018 At the very outset, Sri Anish Chandra, learned counsel for the petitioner requests for allowing him to make correction the prayer portion so far as court name is concerned. The prayer is allowed. It may be done in course of the day. Heard Sri Anish Chandra, learned counsel for the petitioner and Sri Shailendra Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Goraul P.S. Case No. 321 of 2017 registered for offence under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 38(ii) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. Learned counsel for the petitioner has drawn my attention to F.I.R. to show that only on suspicion, the petitioner was made accused. He submits that the police had found huge

Patna High Court Cr.Misc. No.23589 of 2018(2) dt.23-04-2018 2/2 quantity of Indian make foreign liquor at a cremation place. It was alleged, as if, some of the villagers stated that petitioner was indulged in sale of liquor. However, learned counsel for the petitioner, by way of referring to statement made in paragraph - 3 of the petition, submits that petitioner is having clean antecedent and as such, there was no reason to incorporate in the F.I.R., as if, petitioner was regularly indulged in sale of the liquor.

In view of facts and circumstances, particularly the clear antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Anil Sah @ Anil Kumar Sah be enlarged 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 Additional Sessions Judge II-cm-Special Judge (Excise Act), Vaishali at Hajipur in connection with Goraul (Kathara O.P.) P.S. Case No. 321 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T