Sheyam Babu Rai @ Shyam Babu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4565 of 2019 Arising Out of PS. Case No.-120 Year-2018 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== Sheyam Babu Rai @ Shyam Babu Rai, Son of Rameshwar Rai, Resident of Village- Bhorha, P.S. Sheyampur Bhatahan, District-Sheohar. ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Anisur Rahman For the Opposite Party/s :
Mr. Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2019 Learned counsel for the petitioner is permitted to make necessary corrections in paragraph no. 1 of the petition. Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 06.11.2018 in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution is that from the house of the petitioner 72 litres of nepali liquor were recovered. It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house. A statement has been made in paragraph no. 3 of the petition that
Patna High Court Cr.Misc. No.4565 of 2019(2) dt.29-01-2019 2/2 the petitioner is accused in one another case apart from the present case.
Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the fact that the recovery has been made from the joint family house and the period under custody, let the above named petitioner 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 Additional District and Sessions Judge-II-cum-Special Judge, Sheohar in connection with Sheyampur Bhatahan P.S. Case No. 120 of 2018.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T