Vijay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78353 of 2019 Arising Out of PS. Case No.-34 Year-2016 Thana- SATHI District- West Champaran ====================================================== Vijay Sah S/o Late Firangi Sah @ Late Chanasi Sah, R/o village- Basantpur, P.S.- Sathi, District- West Champaran at Bettiah. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Sathi P.S. Case No. 34 of 2016 registered for the offences punishable under Sections 272, 273, 308/34 of the Indian Penal Code and Section 47(a) of the Excise Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that nothing has been recovered either from the house or from the conscious possession of the petitioner. The petitioner is in custody since 30.07.2019.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, the quantity of liquor allegedly recovered from the backyard of

Patna High Court CR. MISC. No.78353 of 2019(2) dt.02-12-2019 2/2 the house of this petitioner and the fact that the petitioner has remained in custody since 30.07.2019, let the petitioner above named be released on bail in connection with Sathi P.S. Case No. 34 of 2016 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah, 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) vats/ved U T