Vinod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33501 of 2018 Arising Out of PS.Case No. -385 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Vinod Sah, son of Sri Sakal Sah, Resident of Village - Basantpur Patti, Police Station - Saraiya, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 385 of 2016, registered for the offences under Sections 272, 273, 420, 120B of the Indian Penal Code and Sections 30(a), 38, 41 of Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 4338 liters of foreign liquor of different quantity and brands.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession and not arrested on the spot. It has further submitted that apprehended accused although disclosed the names of several accused in the First Information Report but has not named the petitioner at the earliest

Patna High Court Cr.Misc. No.33501 of 2018 (2) dt.07-06-2018 2/2 but subsequently during investigation his name has transpired on the confessional statement made before the police, except the confessional statement of co-accused there is no other material to connect at the petitioner in the crime in question. Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., West Muzaffarpur in connection with Saraiya P.S. Case No. 385 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) Ved/Rajeev/- N.H./- U T