Chaitanya Kumar Sah @ Chaitanya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72289 of 2019 Arising Out of PS. Case No.-927 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.
Chaitanya Kumar Sah @ Chaitanya Kumar Son of Bhupendra Sah @ Bhupendra Prasad Sah Resident of Village-Saifganj, Ward no.7, P.SForbesganj, District-Araria. 2.
Bhupendra Sah @ Bhupendra Prasad Sah Son of Late Ramanand Sah @ Late Sri Ramanand Sah Resident of Village-Saifganj, Ward no.7, P.SForbesganj, District-Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha For the Opposite Party/s :
Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in connection with Forbesganj P.S. Case No. 927 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act-2016. 25 lts. of codeine cough syrup and 7.500 lts. of foreign liquor are said to have been recovered from the room of the petitioners and petitioners were apprehended. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no
Patna High Court CR. MISC. No.72289 of 2019(2) dt.11-12-2019 2/2 concern either with the seized articles or with any trade of liquor. As a matter of fact, they had let out the rooms of their house to Ranjit Mandal and Ranjit Mehta and they had no knowledge of keeping of aforesaid articles by the said tenants in their room. Petitioners have no criminal antecedent and have been languishing in custody since 25.09.2019. On the other hand, learned APP opposed the bail prayer of the petitioners.
In the facts and circumstances of the case, let the above named petitioners be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions JudgeII-cum-Special Judge, Araria in connection with Forbesganj P.S. Case No. 927 of 2019.
(Prakash Chandra Jaiswal, J) rohit/- U T