Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48981 of 2018 Arising Out of PS.Case No. -179 Year- 2018 Thana -BARHARA District- BHOJPUR ====================================================== Sunil Sah son of Nanku Sah, resident of Village- Paiga, P.S.- Barhara, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

18.900 litres of country made liquor is said to have been recovered from the possession of Nanhku Sah and the petitioner who happens to be son of the said accused managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case

Patna High Court Cr.Misc. No.48981 of 2018 (3) dt.16-08-2018 2/2 at the instance of his enemies. Petitioner was not apprehended on the spot. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 24.06.2018. Said Nanhku Sah has been enlarged on bail by a coordinate bench of this court vide order dated 10.07.2018 passed in Cr. Misc. No. 40779 of 2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bhojpur in connection with Barhara P.S. Case No. 179 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T