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Suresh Sao @ Suresh Kumar Sah v. The State Of Bihar

Patna HC12 Mar 2018CR. MISC./12719/2018

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case involving the recovery of wine under the Bihar Prohibition and Excise Act, 2016. The court considered the petitioner's lack of criminal record and lack of direct involvement.

What did the court decide?

Released on anticipatory bail on furnishing bail bonds of Rs. 10,000 with two sureties of like amount, to be surrendered within six weeks.

Suresh Sao @ Suresh Kumar Sah Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12719 of 2018

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Arising Out of PS. Case No.-91 Year-2017 Thana- SHEKHPURA District- Sheikhpura

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======================================================

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Suresh Sao @ Suresh Kumar Sah S/o Ramdhani Sao, R/o Mohalla- Lalbagh, P.S. and District- Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Nityanand Tiwary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 12-03-2018

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Heard learned counsel for the petitioner and learned APP

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for the State.

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The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that approx 26 liters wine is recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as being the landlord of the premises in question which was let out to coaccused Raj Kumar. Except for this, there is no other substantive

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Patna High Court Cr.Misc. No.12719 of 2018(2) dt.12-03-2018 2/2

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evidence to suggest the implication of the petitioner in this case. It is alleged that 26 liters wine is recovered from two different places. The petitioner being the landlord of the premises in question had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cumSpecial Judge, Sheikhpura in connection with Sheikhpura P.S. Case No. 91 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Suresh Sao @ Suresh Kumar Sah v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Suresh Sao @ Suresh Kumar Sah v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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