Sri Ram Sah @ Sri Ram Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18866 of 2018 Arising Out of PS. Case No.-235 Year-2013 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Sri Ram Sah @ Sri Ram Gupta S/o Chhote Lal Sah, R/o Village- Hariharpur Lal Garh, P.S.- G.B. Nagar, District- Siwan, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudha Chandra For the Opposite Party/s :
Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with C-II no. 235 (Excise) of 2013 registered under Section 47(A) of Bihar Prohibition & Excise Act-2016.
160 lts. of country made liquor, 9 lts. of foreign liquor and 2 lts. of beer are said to have been recovered from a shop located in the market of Lakshman Mishra which is said to be run by Chhote Lal Sah and petitioner Sri Ram Sah @ Sri Ram Gupta who managed to escape seeing the excise personnel. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either
Patna High Court Cr.Misc. No.18866 of 2018(3) dt.26-04-2018 2/2 with the seized liquor or with the aforesaid shop. He has been falsely implicated in the case at the instance of his enemy. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 12.02.2018. Similarly situated co-accused namely, Chhote Lal Sah has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 11.04.2018 passed in Cr. Misc. no. 17809 of 2017.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Session Judge-II-cum-Special Judge, Excise, Siwan in connection with C-II no. 235 (Excise) of 2013. (Prakash Chandra Jaiswal, J) rohit/- U T