Suraj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3535 of 2018 Arising Out of PS.Case No. -303 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Suraj Kumar Sah, son of Dhurb Prasad Sah @ Dhrup Sah, resident of Village- Mangal Sah Chowk, Dalsingsarai, P.S.- Dalsingsarai, DistrictSamastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Saket Tiwary For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 30-01-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Dalsinghsarai PS Case No. 303 of 2017 registered under Sections 30(a), 38(1)(2), 41(1) of the Bihar Prohibition and Excise Act. The allegation against the petitioner in brief is that foreign liquor loaded on he truck was being unloaded on the pick-up van. Learned Counsel for the petitioner submits there is no recovery from the conscious possession of the petitioner, only allegation is that foreign liquor was being unloaded and he was present there but the petitioner is not the owner of the pick-up van, maruti car or the truck.

Similarly situated another co-accused Amar Nath Sah was admitted to bail earlier by a coordinate Bench of this Court. The petitioner has no criminal antecedent, charge-sheet has been submitted in this case and the petitioner is in custody since 25.9.2017.

Having considered the said facts and circumstances, the petitioner, namely, Suraj Kumar Sah is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.3535 of 2018 (2) dt.30-01-2018 sureties of the like amount each to the satisfaction of Additional Sessions Judge II -cum- Special Judge (Excise) Samastipur in connection with Dalsingsarai PS Case No. 303 of 2017. (Arun Kumar, J.) Snkumar/- U T