Mahesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82601 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- SIMRI District- Buxar ====================================================== MAHESH SAH Son of Chhotelal Sah Resident of Village-Kharha Taad, P.SSimari, District-Buxar. ... Petitioner

Versus

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

For the Petitioner :

Mr.Bindhyachal Rai, Advocate For the Opposite Party :

Mr.Surendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner is an accused in a case registered for the offence punishable under section 30a of the Bihar Prohibition and Excise Act, 2016.

277.920 liters of liquor was recovered from a vehicle and two accused persons managed to escape, who were identified by the villagers as the petitioner and his accomplice. Learned counsel for the petitioner submits that the petitioner is neither the owner of the vehicle nor the driver of the said car. He has not been arrested at the spot. Mandatory provisions of section 100 Cr.P.C. has not been followed for search and seizure. Petitioner is in custody since 11.11.2019, though nothing incriminating has been recovered from his conscious possession.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 the Additional Sessions Judge II cum

Patna High Court CR. MISC. No.82601 of 2019(2) dt.12-12-2019 2/2 Special Judge, Excise Buxar in CIS Utpad 25/2019, Simri Police Station Case No. 10/2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T