Sadhu Sharan Sah vs The State Of Bihar
2021 Latest Caselaw 740 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.37615 of 2020
  Arising Out of PS. Case No.-77 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                                   District- Sitamarhi
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Sadhu Sharan Sah, aged about 32 years (male), Son Of Bikau Sah @ Bikaou Sah R/O Village - Jadupatti, Ward No. 4, P.S. - Choraut, District - Sitamarhi

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s   :      Mr. Ashok Kumar Jha, Advocate
For the State          :      Mr. Upendra Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-02-2021

Heard Mr. Ashok Kumar Jha, learned counsel for the

petitioner and Mr. Upendra Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with GO

Case No. 77 of 2020 dated 06.08.2020, instituted under Section

30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that from the

tempo owned by him on which he and another person were

travelling, 432 litres of liquor was recovered.

4. Learned counsel for the petitioner submitted that he

was the owner of the tempo and was not aware of what the

driver had kept and has been falsely implicated in the case. It

was submitted that the petitioner has no criminal antecedent and Patna High Court CR. MISC. No.37615 of 2020 dt.08-02-2021

is in custody since 06.08.2020.

5. Learned APP submitted that the petitioner being the

owner of the tempo cannot be said to be innocence.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Additional

Sessions Judge II-cum-Special Judge, Excise Act, Sitamarhi in

G.O. Case No. 77 of 2020, subject to the conditions (i) that one

of the bailors shall be a close relative of the petitioner, (ii) that

the petitioner and the bailors shall execute bond with regard to

good behaviour of the petitioner, and (iii) that the petitioner

shall also give an undertaking to the Court that he 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 his bail

bonds. The petitioner 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 his bail bonds.

Patna High Court CR. MISC. No.37615 of 2020 dt.08-02-2021

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T