Manoj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7997 of 2020 Arising Out of PS. Case No.-6 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== MANOJ KUMAR SAH Son of Jawahar Sah @ Jawahir Sah Resident of Village - Nai Basti Ward No. 17, P.S.- Mahadeva O.P. District- Siwan ... ... 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.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-02-2020 Heard learned counsel for the parties.

Petitioner apprehend his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 33.150 litre of indian made foreign liquor from the lane situated outside the asbestos house of petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion. Petitioner was neither apprehended on the spot nor any illicit liquor has been recovered from his possession or from his house as such no offence under Excise Act is made out. He has been made accused only on suspicion as he is implicated in

Patna High Court CR. MISC. No. 7997 of 2020(2) dt.29-02-2020 2/2 one of the excise case in which he is on bail. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail in the event of his/her arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with C-III 6 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (S. Kumar, J) ranjan/- U