Patna High CourtCR. MISC./85609/2019bail granted

Shivaji Sah @ Shiv Ji Sah v. The State Of Bihar

2020-01-16Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85609 of 2019 Arising Out of PS. Case No.-293 Year-2019 Thana- LAKHNAUR District- Madhubani ====================================================== SHIVAJI SAH @ SHIV JI SAH Son of Late Kabil Sah Resident of VillageKaithiniya Suriyahi (Tole), P.S-Lakhanour (R.S, O.P), District-Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody seeks bail in a case registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018. Allegation is recovery of 54 litres of Nepali country made liquor from the possession of petitioner. It has been submitted on behalf of petitioner that he is innocent and the alleged recovery was made from outside the house. It is an open place accessible by anyone. Petitioner has no criminal antecedent and is in custody since 27.11.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two

Patna High Court CR. MISC. No.85609 of 2019(2) dt.16-01-2020 2/2 sureties of the like amount each to the satisfaction of learned court below, in connection with Lakhanour (R.S.O.P.) P.S. Case No. 293 of 2019 corresponding to G.R. No. 2276 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

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

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T