Anil Kumar Sah @ Anil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46507 of 2018 Arising Out of PS.Case No. -165 Year- 2018 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Anil Kumar Sah @ Anil Sah, Anil Kumar Sah @ Anil Sah, S/o Ram Ashish Sah, resident of village + PS-Jay Nagar, District-Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sushil Kumar Jha For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act, 2016.

323.50 litres of foreign liquor is said to have been recovered from the Sumo Victa car and its driver managed to escape.

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 is

Patna High Court Cr.Misc. No.46507 of 2018 (2) dt.31-07-2018 2/2 not named in the F.I.R. He has been falsely remanded in the case as he has been languishing in custody in some other Excise Act case and he has been enlarged on bail in the said case. He was not apprehended on the spot. He has been languishing in custody since 04.06.2018.

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-II cum Special Judge, Excise Act, Madhubani in connection with Town (Madhubani) P.S. Case No. 165 of 2018, G.R. No. 653/2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T