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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25142 of 2020 Arising Out of PS. Case No.-450 Year-2019 Thana- GORAUL District- Vaishali ====================================================== ANIL SAH @ ANIL KUMAR SAH Son of Nathuni Sah Resident of Village - Mazia, P.S. - Goraul, District - Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-09-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner seeks bail in Goraul P.S. case No. 450/2019 registered u/s 272, 273, 420, 467, 468, 471, 34 of the IPC and u/s 30(a) of the Bihar Prohibition & Excise Act. The informant got information that a truck loaded with illicit liquor is parked near the coal shop of Ram Udesh Singh. On such, the police went there and found the truck parked. 5-6 persons were standing there but after seeing the police they started fleeing away. Two persons, namely, Mohan Kumar and Vicky Kumar, were apprehended. They disclosed the names of Anil Sah, the petitioner, and Ranjit Kumar, who managed to flee away, and they have brought the consignment

Patna High Court CR. MISC. No.25142 of 2020(2) dt.23-09-2020 2/2 of illicit liquor.

The learned counsel for the petitioner submits that petitioner was not arrested on the spot and nothing has been recovered from the possession of the petitioner. The name of petitioner surfaced in the case in the so called confessional statement made by Mohan Kumar and Vicky Kumar, who were arrested by the police on the spot where the truck was parked. Mohan Kumar and Vicky Kumar have already been granted bail vide order passed in Cr. Misc. No. 2063/2020. The petitioner is in custody since 10.05.2020. The petitioner has already remained in jail for more than four and half months. Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Vaishali at Hajipur in connection with Goraul P.S. case No. 450/2019. (Prabhat Kumar Jha, J) BKS/- U T