Pukar Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 70380 of 2019 Arising Out of PS. Case No.-373 Year-2019 Thana- FALKA District- Katihar ====================================================== PUKAR KUMAR SAH S/o- Late Visheshwar Lal Sah Resident of VillageChaprela, P.S.- Falka, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Nafisuzzoha, Advocate For the Opposite Party/s :

Ms Meena Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 30 (a), 37 (c) of Bihar Excise and Prohibition Act, 2016.

Allegation is that the petitioner has been apprehended with 50 tins of molasses in Tempo. Learned counsel for the petitioner submits that co-accused Masoque Raja was also having similar allegations and he has been allowed bail by this Court in Cr Misc No 69475 of 2019. Submission is of parity with Masoque Raja. Petitioner has no criminal antecedent and he is in custody since 21.09.2019.

Learned APP for the State has opposed the prayer.

Patna High Court CR. MISC. No.70380 of 2019(2) dt.04-12-2019 2/2 Considering the rival submissions, this Court is inclined to accept the submission of the petitioner's counsel. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge, Excise, Katihar in Falka Police Station Case No 373 of 2019 subject to the following conditions:

(1) 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.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T