Amit Sah @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6410 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== AMIT SAH @ Amit Kumar son of Ajay Sah Resident of Village-Tehwara, P.S.- Katen, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Katra P.S. case no. 226/18 instituted for the offence under Sections 30(a) and 38 (i) (ii) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for petitioner submits that there is no recovery of any foreign liquor from conscious possession of this petitioner.

In the written report, it is alleged that informant got information that petitioner with other accused persons are involved in business of liquor. It is further alleged that it was informed that they have brought liquor in white colour bolero vehicle and the same were distributed among themselves for supply. On seeing the police party petitioner and other accused

Patna High Court Cr.Misc. No.6410 of 2019(2) dt.05-02-2019 2/2 persons fled away with bolero vehicle. It is alleged that 34.900 litres of foreign liquor has been recovered from the place of occurrence kept in different bottles.

In this manner, there is no recovery from conscious possession of this petitioner.

Petitioner is in custody since 25.12.2018 having no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise Act) Muzaffarpur , in connection in Katra P.S. case no. 226/18 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T