Deepu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7013 of 2019 Arising out of PS. Case No.-358 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== DEEPU KUMAR SAH, aged about 25 years, son of Bijay Sah, resident of Village-Bhalua, P.S.- Pakriverma, District-Nawada. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Arbind Kumar Pandey (App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hussainganj (M.H. Nagar) P.S. Case No. 358 of 2018 registered for the offence punishable under Sections 272, 273, 420 and 34 of the Indian Penal Code and Sections 30(a), 38 and 41(1) of the Bihar Amendment & Excise Act, 2016.

The allegation is regarding recovery of 35.64 litres of illicit foreign liquor from a car which was apprehended by the Police and the petitioner is stated to have been arrested from the spot.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is submitted that the car does not belong to the petitioner and he

Patna High Court Cr.Misc. No.7013 of 2019(2) dt.06-02-2019 2/2 was merely travelling in the said car. Lastly, it is submitted that the petitioner is languishing in custody since 25.11.2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd-cumSpecial Judge (Excise), Siwan in connection with Hussainganj (M.H. Nagar) P.S. Case No. 358 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T