Ramesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3581 of 2018 Arising Out of PS.Case No. -516 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Ramesh Sah, Son of Bilash Sah, resident of Village- Bhabi Sah Chowk, Ward No. 14, Saharsa, P.S.+ District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Special Case no.526 of 2017 registered for offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016. Petitioner is named in the FIR, however, it appears that the vehicle was intercepted and 500 ltrs. of liquor has been recovered from the vehicle and on confessional statement of the Driver and others, the petitioner has been made accused in this case, stating that he is owner of the vehicle.

Submission of the learned counsel for the petitioner is that he is not owner of the vehicle as stated on oath in the petition and he has nothing to do either with the seized articles or from the vehicle.

Patna High Court Cr.Misc. No.3581 of 2018 (2) dt.01-02-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the learned court below to verify the fact as to whether vehicle was in her name or not, and if it is not in his name, the petitioner shall be released on bail to the satisfaction of the court below. Till then no coercive steps shall be taken against the petitioner.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T