Patna High CourtCR. MISC./78330/2019allowed

Arun Sah v. The State Of Bihar

2020-07-13Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78330 of 2019 Arising Out of PS. Case No.-336 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== ARUN SAH S/o Jaiprakash Sah @ Jaya Prakash Sah Resident of VillageKilpur, Banila Tola, P.O.- Kilpur P.S.-Nawtan, District- Siwan. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Dubey, Adv For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-07-2020 Heard learned counsel for the petitioner as well as learned APP through video conferencing.

Informant, a police official has alleged that during course of vehicle checking, they have found one scorpio and one Indica in suspected circumstance whereupon signalled to stop. The occupants just after stopping the vehicle, tried to slip, out of whom, the occupants of Indica were apprehended who disclosed their identity as Sandip Kumar, Durga Prasad and Ravindra Kumar. On query, they have also disclosed the occupants of the Scorpio being Badal Kushawaha, Vikash Kumar and Arun Sah (Petitioner).

It is further evident that on search, the country made wine as per seizure list had been recovered from the vehicles. After going through the case diary, it is evident that the

Patna High Court CR. MISC. No.78330 of 2019(4) dt.13-07-2020 2/2 witnesses, police officials have stated that petitioner including Vikash Kumar and Badal Kushwaha have had their escape taking benefits of darkness and so, none claimed to have identified the accused persons. Furthermore, they have named only on the basis of disclosure having been made by the apprehended accused.

In the aforesaid facts and circumstances of the case, let the petitioner, Arun Sah, in the event of arrest or surrender within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of A.D.J-II, Siwan in connection with Siwan Mufassil PS Case No. 336/2019, subject to the conditions as laid down under Section 438(2) CrPC.

(Aditya Kumar Trivedi, J) perwez U T