Allowed

Sushil Sah v. The State of Bihar

Patna HC27 Jul 2022CR. MISC./21751/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter arising from a PS Case involving offences under Sections 272, 273, 188, 34 of the IPC and Section 30(a) of Bihar Prohibition and Excise Act for manufacturing and selling illicit liquor, the High Court granted bail to the petitioner despite state opposition, considering his clean antecedents and the concluded investigation.

What did the court decide?

Petitioner released on bail on furnishing Rs. 10,000 bond with two sureties on conditions of cooperation in trial and no tampering with evidence.

Sushil Sah Vs The State of Bihar — Cheque Dishonour | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21751 of 2022

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Arising Out of PS. Case No.-25 Year-2022 Thana- KATRA District- Muzaffarpur

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

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SUSHIL SAH S/o Late Ganga Sah R/o village- Bagawasa, P.S.- Katra, District- Muzaffarpur

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar No.Iii For the Opposite Party/s : Mr.Md. Anbzarul Haque Sahara ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 27-07-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Katra P.S. Case No. 25 of 2022 registered for the offences punishable under Sections 272, 273, 188, 34 of the Indian Penal Code and read with Section 30(a) of Bihar Prohibition and Excise Act.

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As per prosecution case, the petitioner and others has been apprehended on spot with 55 litres of fermented toddy along with other items.

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Learned counsel for the petitioner submits that petitioner is in custody since 21.01.2022. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in

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Patna High Court CR. MISC. No.21751 of 2022(2) dt.27-07-2022 2/3

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the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case as well as period of custody, keeping in view clean antecedent of the petitioner, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Muzaffarpur in connection with Katra P.S. Case No. 25 of 2022, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive

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Patna High Court CR. MISC. No.21751 of 2022(2) dt.27-07-2022 3/3

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dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or

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the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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amitkr/-

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Sushil Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sushil Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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