Gopal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4703 of 2018 Arising Out of PS. Case No.-678 Year-2017 Thana- TURKAULIYA District- East Champaran ====================================================== Gopal Sah S/o Ram Govind Sah, R/o Village- Daroga Tola, P.S.- Banjariya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu Babu For the Opposite Party/s :

Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Turkauliya ( Banjariya) P.S. case no. 678 of 2017, instituted for the offence under Section(s) 272, 273 of the Indian Penal Code and Sections 30(a), 38(2) and 41 of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that from the seizure list enclosed with the F.I.R. itself it would appear that no seizure was made from the possession of the petitioner. It is mentioned in the seizure list that Nepali liquor were seized from the Daroga Tola.

In the written report, it is alleged that the name of the

Patna High Court Cr.Misc. No.4703 of 2018(2) dt.30-01-2018 2/3 petitioner has been disclosed by the local people. It is submitted that other accused persons with similar allegations have already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 14.12.2017 passed in Cr. Misc. No. 61105 of 2017 (Annexure-2). In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Turkauliya ( Banjariya) P.S. case no. 678 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court Cr.Misc. No.4703 of 2018(2) dt.30-01-2018 3/3 cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T