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Patna High CourtCR. MISC./62313/2018bail granted

Shambhu Sahani v. The State Of Bihar

2018-10-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62313 of 2018 Arising Out of PS. Case No.-377 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Shambhu Sahani, S/o -Late Shankar Sahani, Resident of Village- Bharatmai @ Bharatmahi, P.S. Raxaul, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise Case No.377 of 2018 registered under Section 30(a) of the Bihar Prohibition of Excise Act, 2016.

The accusation is that the informant being the A.S.I. of S.S.B. was on duty along with other personnels. In course of duty, one person was seen, who was carrying two bags on his head. On seeing them, the aforesaid person started to flee away, throwing the bags but, on chase, he was apprehended by the police, who disclosed his name as Shambhu Sahani (petitioner). On search of the aforesaid two bags, 180 bottles, each containing 300 ml. Nepali Liquor were recovered.

Patna High Court Cr.Misc. No.62313 of 2018(2) dt.06-10-2018 2/2 Learned counsel appearing on behalf of the petitioner submits that the petitioner was apprehended by the police on mere suspicion. The petitioner having no criminal antecedent is in custody since 12.08.2018.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise, Motihari, East Champaran, in connection with Excise Case No.377 of 2018. (Rajendra Kumar Mishra, J) P.S./- U T