Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27222 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -BELSAND District- SITAMARHI ====================================================== Manoj Sah Son of Harish Chandra Sah, Resident of Village- Pachnaur, P.S.- Belsand , District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2017 Learned counsel for the petitioner is permitted to make necessary correction in para-1 of the application. Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Belsand P.S. Case No. 28 of 2017 for the offence under section 30(A), 38(i)(ii) and 41 of Bihar Prohibition and Excise Act, 2016. The petitioner is in custody since 2.4.2017.

From the allegation levelled in the FIR, it appears that 9.18 Nepali wine was seized in this case. The petitioner disowns the ownership of the seized liquor. He has also stated in this petition that he is neither involved in the business of the liquor nor he has consumed the liquor. His name has been surfaces in this case on the confessional statement of one Narain Mahto.

Patna High Court Cr.Misc. No.27222 of 2017 (2) dt.01-07-2017 2/2 Having regard to the facts that the name of the petitioner has been disclosed by Narain Mahto and alleged liquor was not seized from the conscious possession of the petitioner, I am inclined to enlarge the petitioner, named above, on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri K.K.Shashi, learned Judicial Magistrate 1st Class, Sitamarhi, in connection with Belsand P.S. Case No. 28 of 2017 on the condition that the petitioner will extend full cooperation in the trial and will not, in any manner, influence the evidence or the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T