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Patna High CourtCR. MISC./75213/2019bail granted

Sunil Kumar Sah v. The State Of Bihar

2019-12-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75213 of 2019 Arising Out of PS. Case No.-242 Year-2019 Thana- MANJHI District- Saran ====================================================== Sunil Kumar Sah Son of Dayali Sah Resident of Village - Chhota Telpa Lal Toli, P.S.- Town Chapra, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in a case registered for the offence under sections 30, 30(g) and 38(i) (ii) of the Bihar Prohibition of Excise Act, 2016.

As per the allegation in the FIR, 89.280 litres of IMFL is said to have been recovered from the motorcycle of the petitioner and the petitioner is also said to have been apprehended at the spot.

It is submitted by learned counsel for the petitioner that contrary to the allegation, nothing has been recovered from the possession of the petitioner, he is in custody since 20.08.2019, charge sheet has been submitted in the case and he

Patna High Court CR. MISC. No.75213 of 2019(3) dt.02-12-2019 2/2 has no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XI-cum Special Judge, Saran at Chapra in connection with Manjhi P.S. Case No. 242 of 2019. (Partha Sarthy, J) Prakash/- U