Abdhesh Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74895 of 2019 Arising Out of PS. Case No.-274 Year-2019 Thana- JOGBANI District- Araria ====================================================== ABDHESH KUMAR SAH Son of Rajendra Prasad Sah @ Rajendra Sah Resident of Village - Parwaha, P.S. and P.O.- Forbisganj, District- Araria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nishant Kumar Sinha For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.
Petitioner is in custody in Special Case No. 1258 of 2019 arising out of Jogbani PS Case No. 274 of 2019 registered under Sections 30(a) and 38(i) of Bihar Prohibition and Excise Act, 2016.
86 Litres of Nepali liquor is alleged to have been recovered from the petitioner. It is stated in the petition that the petitioner is having clean antecedent. Petitioner is in custody since 19.9.2019. Submission is of false implication and that recovery is not as per procedure prescribed.
Considering the aforesaid submissions as also the 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 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, Araria
Patna High Court CR. MISC. No.74895 of 2019(2) dt.11-12-2019 2/2 in Special Case No. 1258 of 2019 arising out of Jogbani PS Case No. 274 of 2019 subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T