Bhola Kumar @ Bhola Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78586 of 2018 Arising Out of PS. Case No.-866 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== Bhola Kumar @ Bhola Sah Son of Late Ramprit Sah, Resident of VillageMelaroad, Naya Tola, Ward No. 21, P.S. & District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr.Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 Heard the parties.
The petitioner is apprehending his arrest in connection with Sitamarhi P.S.Case No.866 of 2018 , registered for offences punishable under Sections 272, 273 of the Indian Penal Code Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioner is that is about recovery of 31.500 ltrs. of nepali liquor form the road and the petitioner has been made accused in this case.
Submission of the learned counsel for the petitioner is that the FIR itself shows that no recovery has been made from the petitioner and he has no criminal antecedent. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.78586 of 2018(2) dt.10-01-2019 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Jduge, Excise Act, Sitamarhi in connection with Sitamarhi P.S.Case No.866 of 2018 subject to condition as down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation..
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T