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Patna High CourtCR. MISC./78662/2019bail granted

Rajanish Sah v. The State Of Bihar

2019-12-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78662 of 2019 Arising Out of PS. Case No.-217 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== RAJANISH SAH Son of Madan Sah Resident of Village - Ajua, P.S.- Shikarpur, Distt - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 04.09.2019 has filed the instant application for grant of bail in connection with Shikarpur P.S. Case No. 217 of 2019 (District-West Champaran) registered for the offence punishable under sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

As per the allegation in the FIR, 34.560 litres of IMFL is said to have been recovered from the motorcycle. It is submitted by learned counsel for the petitioner that the petitioner was not caught at the place of occurrence. He has falsely been implicated in the case only on ground that the motorcycle belongs to him. He has no criminal antecedent and is in custody since 4.9.2019.

Patna High Court CR. MISC. No.78662 of 2019(2) dt.03-12-2019 2/2 It is finally submitted that the chargesheet has already been submitted.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, let the petitioner above named be enlarged 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 the learned Special Judge, Excise, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 217 of 2019 (DistrictWest Champaran). (Partha Sarthy, J) Bibhash/- U T