Shailesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72124 of 2019 Arising Out of PS. Case No.-284 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== SHAILESH SAH Son of Shambhu Sah Resident of Village - Rupanchhap, P.S.- Barauli, Distt - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 25.920 litres of illicit foreign liquor from his possession while he was trying to flee away after leaving his motorcycle. Illicit liquor was recovered from abandoned motorcycle.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion. Nothing has been recovered from the possession of the petitioner. Motorcycle from which illicit liquor was recovered does not belong to the petitioner. Petitioner has got no criminal antecedent and is in custody since 11.08.2019.

Patna High Court CR. MISC. No.72124 of 2019(2) dt.04-12-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Barauli P.S. Case No. 284 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (4). If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) ranjan/- U