Vivek Sah @ Bechan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70235 of 2019 Arising Out of PS. Case No.-1220 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Vivek Sah @ Bechan Sah, Son of Feku Sah, Resident of Village-Neuri, P.S.- Ahiyapur, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Ahiyapur P.S. Case No.1220/2019 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 36 and 38 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to local politics. Learned counsel submits that nothing has been recovered from the conscious possession of this petitioner. Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the allegation that 60 liters approximately of illicit

Patna High Court CR. MISC. No.70235 of 2019(2) dt.04-12-2019 2/2 liquor has been recovered from the Bathan of this petitioner and the investigation is still going on, petitioner being in custody since 13.10.2019 is directed to be released on bail on completion of investigation or on 14th January, 2020 whichever is earlier on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No.1220 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T