Subhash Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55655 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Patna ====================================================== Subhash Sao, son of Late Ramchandra Sao, resident of Mohalla - Maharajganj Jalla Road, Police Station Alamganj and District Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No-2, Advocate For the Opposite Party/s :

Mr. Amrendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offence punishable under Sections 30(a), 32(i), 38 (i) and 37(b) of Bihar Prohibition and Excise Amendment Act. It is contended that, as per allegation, 19 liters country-made liquor was recovered from a constructed hut inside the boundary of NMCH and the petitioner was found in drunken condition. It is contended that nothing has been recovered from the conscious possession of the petitioner and he is no concerned either with the seized liquor or with the hut. It is urged that the petitioner is in custody since 31.07.2018. It is stated in paragraph 3 of the bail petition that the petitioner is also involved in other similar nature of cases.

Patna High Court Cr.Misc. No.55655 of 2018(3) dt.06-10-2018 2/3 Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Special Case No. 7036 of 2018 arising out of P.R. Case No. 88/18 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Senior Superintendent of Police, Patna within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Senior Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Senior Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Senior

Patna High Court Cr.Misc. No.55655 of 2018(3) dt.06-10-2018 3/3 Superintendent of Police concerned upon his appearance. (Dr. Ravi Ranjan, J) V.K.Pandey/- U T