Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10178 of 2020 Arising Out of PS. Case No.-437 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== Raj Kumar Sah, Son of Bhikari Sah, Resident of Village- Panch Phedwa, P.S.- Brahmpur, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with CISExcise Case No. 1055 of 2019 arising out Brahmpur P.S. Case No. 437 of 2019, registered under Section 30(a) of the Bihar Excise Act.

The accusation is that in course of checking of the vehicle, two persons sitting on a motorcycle started to flee away on seeing the police party, but on chased, both succeeded to flee away leaving their sack and motorcycle. On search, 38 bottles each containing 375 ml and 70 bottles each containing 180 ml Indian made foreign liquor were recovered from the sack. The local persons disclosed the name of Santosh Pandey and Raj

Patna High Court CR. MISC. No.10178 of 2020(2) dt.02-03-2020 2/2 Kumar Sah (petitioner), who succeeded to flee away. Learned counsel for the petitioner submits that petitioner was not apprehended at the spot and he is not the owner of the seized vehicle but due to dirty village politics, his name has surfaced in the present case. Further submission is that petitioner has no criminal antecedent and is in custody since 16.12.2019.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cum-Special Judge Excise Act, Buxar, in connection with CIS-Excise Case No. 1055 of 2019 arising out Brahmpur P.S. Case No. 437 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T