Patna High Court
Sanjay Sah vs The State Of Bihar on 3 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 4178 of 2021
Arising Out of PS Case No.-124 Year-2020 Thana- KATEYA District- Gopalganj
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1. Sanjay Sah, Male, aged about 40 years, Son of Pasupati Sah.
2. Basudeo Sah, Male, aged about 39 years Son of Chokat Sah, Both Resident
of Village- Bhikhad Bazar, PS- Uchkagaon, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Shrivastava, Advocate
For the State : Mr. Choubey Jawahar, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 03-02-2021
The matter has been heard via video conferencing.
2. Heard Mr. Ranjan Kumar Srivastava, learned counsel
for the petitioners and Mr. Choubey Jawahar, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
3. The petitioners are in custody in connection with
Kateya PS Case No. 124 of 2020 dated 08.05.2020, instituted
under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
4. This is the second attempt for bail by the petitioners
as earlier such prayer was rejected by order dated 17.07.2020
passed in Cr. Misc. No. 22029 of 2020.
Patna High Court CR. MISC. No.4178 of 2021 dt.03-02-2021
5. The allegation against the petitioners is that they were
caught on a motorcycle and from their possession, 44.6 litres of
illegal liquor kept in a sack was recovered.
6. Learned counsel for the petitioners submitted that the
recovery was not in accordance with law. It was submitted that he
would not be reiterating the submission which was already
recorded by the Court earlier. However, it was submitted that the
petitioners are in custody since 08.05.2020. Learned counsel drew
the attention of the Court to paragraphs no. 14 and 17 of the
present application, where it has been undertaken that they will
directly or indirectly not make any inducement, threat or promise
to any person acquainted with the facts of the case so as to
dissuade them from disclosing such facts to the Court or to any
police officer and further they would not get involved in any
matter relating to liquor or by any means whatsoever.
7. Learned APP submitted that recovery has been from
the possession of the petitioners and against petitioner no. 1, there
are three other cases of similar nature and against petitioner no. 2
also, there is one case of similar nature.
8. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioners be released on bail upon furnishing bail bonds of Rs.
Patna High Court CR. MISC. No.4178 of 2021 dt.03-02-2021
25,000/- (twenty five thousand) each with two sureties of the like
amount each to the satisfaction of the learned ADJ- II, Gopalganj
in Kateya PS Case No. 124 of 2020 subject to the conditions (i)
that one of the bailors shall be a close relative of the petitioners,
(ii) that the petitioners and the bailors shall execute bond with
regard to good behaviour of the petitioners, and (iii) that the
petitioners shall also give an undertaking to the Court that they
shall not indulge in any illegal/criminal activity, act in violation of
any law/statutory provisions, tamper with the evidence or
influence the witnesses. Any violation of the terms and conditions
of the bonds or the undertaking shall lead to cancellation of their
bail bonds. The petitioners shall cooperate in the case and be
present before the Court on each and every date. Failure to
cooperate or being absent on two consecutive dates, without
sufficient cause, shall also lead to cancellation of their bail bonds.
9. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
