Patna High CourtCR. MISC./63593/2017bail granted

Hiralal Sah @ Gyani Sah @ Harilal Sah @ Sanni Sah v. The State Of Bihar

2018-01-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63593 of 2017 Arising Out of PS.Case No. -418 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ====================================================== HIRALAL SAH @ GYANI SAH @ HARILAL SAH @ SANNI SAH S/o Maujelal Sah @ Maujilal Sah, R/o Village- Gijas, P.S.- Saraiya, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Saraiya P.S. Case No. 418 of 2017 for the offences punishable under Sections 272, 273 of the India Penal Code and Section 30(a)/38/41 of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of about 284 liters of foreign liquor from a hut belonging to one Hira Lal. The petitioner is said to be apprehended on account of similarity of his name with that of the said Hira Lal.

The learned counsel for the petitioner submits that the petitioner is neither the owner of the said hut nor any recovery has been made from his conscious possession. It is further

Patna High Court Cr.Misc. No.63593 of 2017 (2) dt.17-01-2018 2/2 submitted that the petitioner has a clean antecedent and he is in custody since 10.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 3rd Addl. Session Judge- cum- Special Judge Excise Act, Muzaffarpur in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 418 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T