Pradeep Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35767 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -SIDHWARA District- DARBHANGA ====================================================== Pradeep Sah, Son of Ram Sah @ Ram Briksha Sah, Resident of VillageBhawanipur, Police Station- Katra, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

86.760 litres of foreign liquor is said to have been recovered from the Wagon R car and Raushan Kumar was apprehended who disclosed the name of the petitioner as one of his fleeing accomplices in the occurrence.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the vehicle in question. He has

Patna High Court Cr.Misc. No.35767 of 2018 (2) dt.29-06-2018 2/2 been falsely implicated in the case by the said Raushan Kumar due to animosity. Barring the aforesaid confessional statement of Raushan Kumar, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He has no criminal antecedent. He has been languishing in custody since 27.03.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-IV-cum Special Judge, Darbhanga in connection with Singhwara P.S. Case No. 50 of 2018 (GO Case No. 292 of 2018). (Prakash Chandra Jaiswal, J) Mishra/- U T