Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29556 of 2015 Arising Out of PS.Case No. -169 Year- 2015 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Sanjay Sah S/O Butan Sah resident of Village - Sakri, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in a case registered under section 47(A) of the Excise Act. According to the prosecution case on 03.06.2015 police got secret information that illegal country made liquor is being sold in the hotel Golu Basera, raided the said hotel from where 40 bottles of 200 ml each of country made liquor, 40 bottles of ice berg bear, 4 bottles of turbo bear and 24 bottles of kingfisher bear, 8 bottles of kingfisher bear of 500 ml each were recovered.

It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. His name has appeared due to mistake of fact. It is further submitted that

Patna High Court Cr.Misc. No.29556 of 2015 (2) dt.28-07-2015 2/2 petitioner is ready to deposit an amount of Rs. 25000/- in the court below which shall be subject to the final disposal of the case.

On behalf of the State it is submitted that the petitioner is named in the first information report. Considering the aforesaid facts, it is directed that petitioner shall deposit Rs. 25000/- in the court below, which shall be subject to the final disposal of the case thereafter in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabua in Kudra P.S. Case No. 169 of 2015, subject to the conditions as laid down under section 438(2) Cr.P.C. (Sudhir Singh, J) M.Rahman/- U T