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Patna High Court - Orders

Rajesh Sah @ Abhishek Raja vs The State Of Bihar on 4 November, 2019

Author: Sudhir Singh

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68860 of 2019
                      Arising Out of PS. Case No.-98 Year-2019 Thana- SAKRA District- Muzaffarpur
                 ======================================================
                 RAJESH SAH @ ABHISHEK RAJA Son of Shivchandar Sah Resident of
                 Village - Bariyarpur Bhagha Tola, P.S. - Sakra (Bariyarpur), District -
                 Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Lalit Narayan Jha
                 For the Opposite Party/s :       Mr.Ram Bachan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   04-11-2019

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 114, 115, 341, 323, 353, 427, 504, 506, 272, 273 of I.P.C. and Sections 30(a), 35(a), 39(ii)/41 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 704 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.08.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 704 liters wine is recovered from the truck and maruti van. None of Patna High Court CR. MISC. No.68860 of 2019(2) dt.04-11-2019 2/2 the vehicles in question belongs to the petitioner. There is no compliance of Section 100 Cr.P.C.

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

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Sakra P.S. case No.98 of 2019.

(Sudhir Singh, J) Narendra/-

U      T