Ram Vilash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6559 of 2017 Arising Out of PS.Case No. -234 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Ram Vilash Sah son of Bkabkhulal Sah, resident of village Saidpur, P.S. Ganga Bridge, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-02-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 234 of 2016, registered for the offence under Sections 47(A)(1)(E)(F), 51, 52, 54 of Bihar Excise Amendment Act, 2016.

Allegation is that the police seized the vehicle on suspicion on the road and recovered 204 litres of foreign liquor. It is submitted that the petitioner is the owner of the said vehicle, but he had given the vehicle to the driver for transporting on payment basis so no recovery was made from possession of the petitioner. Considering the recovery from the vehicle of the petitioner and in view of Section 76(2) of the Bihar Excise Act, I am not inclined to admit the petitioner on anticipatory bail in connection with Lalganj P.S. Case No. 234 of 2016, pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur. The prayer for anticipatory bail is rejected.

However, if the petitioner surrenders in the court below and seeks regular bail, then the same shall be considered on merit

Patna High Court Cr.Misc. No.6559 of 2017 (2) dt.10-02-2017 2/2 without being prejudiced by this order.

(Arun Kumar, J) BTiwary/- U T