Patna High CourtCR. MISC./86638/2019bail granted

Rajan Kumar Sah @ Rajan Sah @ Rajat Kumar v. The State Of Bihar

2020-01-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86638 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- BHELDI District- Saran ====================================================== RAJAN KUMAR SAH @ RAJAN SAH @ RAJAT KUMAR Son of Gena Sah Resident of Village - Bichala Telpa, Chandani Chowk, P.s.- Chapra Town, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bheldi PS case no. 68 of 2019 instituted for the offence punishable under Sections 272, 273 of Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016 The allegation is regarding recovery of 104 liters of illicit liquor from an Alto car and while two co-accused persons were arrested by the police, one person had managed to flee away and the arrested co-accused persons disclosed that the person who had fled away is the petitioner herein. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.86638 of 2019(3) dt.16-01-2020 2/2 present case. It is further submitted that the petitioner is accused in one other case but he is on bail in the said case. The petitioner is said to be languishing in custody since 17.10.2019. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that no recovery of illicit liquor has been made from the conscious possession of the petitioner, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge (Excise), Saran in connection with Bheldi PS case no. 68 of 2019. (Mohit Kumar Shah, J) rinkee/- U T