Dablu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77559 of 2019 Arising Out of PS. Case No.-224 Year-2019 Thana- RAJPUR District- Buxar ====================================================== Dablu Sah Son of Late Rajendra Sah Resident of Village - Bahuara, P.S.- Rajpur, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Rajpur P.S. Case No. 224 of 2019, registered for the offence punishable under Sections 279, 337 and 338 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Informant has alleged in his written complaint that on 05.10.2019, at about 10:30 O'clock, while he was going on by his cycle for studying to tuition, one motorcycle which was coming from the opposite side in negligent and reckless. dashed against his cycle and he fell down. Meanwhile, the police arrived there and arrested the rider of the motorcycle, who disclosed his name as Dablu Shah (petitioner) and also

Patna High Court CR. MISC. No.77559 of 2019(2) dt.28-11-2019 2/3 recovered 24.66 ltrs. of illicit foreign liquor kept in motorcycle. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. The petitioner has not been an accused previously under the Excise Act and is in custody since 06.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with tow sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge Excise Act, Buxar in connection with Rajpur P.S. Case No. 224 of 2019 subject to the conditions that:-

(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 property represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.77559 of 2019(2) dt.28-11-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) S.Katyayan/- U T