The High Court of Patna granted bail to the petitioner, Naresh Sah, who was in custody for alleged offenses under the Bihar Prohibition and Excise Act involving recovery of liquor.
Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.68836 of 2018
Arising Out of PS. Case No.-175 Year-2018 Thana- KURSAKANTA District- Araria
======================================================
Naresh Sah, Son of Indrananad Sah, Resident of Village- Chini, P.O.Mehadipur, P.S.- Sonamani Gudam (Kursakanta), District- Araria.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mrigendra Kumar For the Opposite Party/s : Mr. Smt. Madhuri Lata ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 03-12-2018 Heard learned counsel for the parties.
Learned counsel for the petitioner is permitted to
make correction in para 9 of the petition regarding period of custody of the petitioner.
Petitioner seeks bail in Special Case No. 915 of 2018 arising out of Kursakanta (Sonamani Godam) P.S. Case No. 175 of 2018 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.
Allegation against the FIR named accused is of recovery of 330.6 Litres of Nepali Wine from the possession of one of the co-accused and remaining four fled away.
It has been further submitted that the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Kundan Kumar Baitha who has already
Patna High Court Cr.Misc. No.68836 of 2018(2) dt.03-12-2018 2/2
been granted bail vide order dated 06.10.2018 in Criminal Miscellaneous No. 59263 of 2018. Petitioner has got no criminal antecedent and is in custody since 18.09.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Araria, in connection with Special Case No. 915 of 2018 arising out of Kursakanta (Sonamani Godam) P.S. Case No. 175 of 2018 , with following conditions:-
(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.
(S. Kumar, J)
ranjan/-
U
1 issue framed by the court
Whether the petitioner should be granted bail in the special case pending under the Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
Naresh Sah
The State of Bihar
S. KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
