Jai Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32595 of 2018 Arising Out of PS.Case No. -129 Year- 2018 Thana -MAJORGANJ District- SITAMARHI ====================================================== Jai Prakash Sah S/o Late Dasai Sah, R/o Vill.- Mohinimandal, P.S.- Mejarganj, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-06-2018 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Mejarganj (Suppi O.P.) P.S. Case No.129 of 2018 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. Learned counsel appearing for the petitioner submits that the recovery is not from the conscious possession of the petitioner. As a matter of fact, the alleged recovery is from a bamboo clamps in abundant condition with which petitioner has no concern. Recovery is only 9 litres of wine. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the

Patna High Court Cr.Misc. No.32595 of 2018 (2) dt.05-06-2018 2/2 petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Sitamarhi in connection with Mejarganj (Suppi O.P.) P.S. Case No.129 of 2018 subject to the conditions laid down under Section 438(2) Cr.P.C.

(Arvind Srivastava, J) N.H./- U T