Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51491 of 2016 Arising Out of PS.Case No. -369 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHAGALPUR ======================================================

1. Munna Sah Son of Late Ganesh Sah, Resident of Village- Ramser (Kumhar Tola), P.S. Tatarpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 20.10.2016 in connection with Excise P.S. Case No. 369 of 2016 registered for the offence punishable under Sections 30 (K) of the Bihar Excise Amendment Act, 2016.

The prosecution case is that on secret information, the Excise Authorities along with the police party arrested the petitioner along with 200 ml. pouch of liquor. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in the aforesaid case and has no criminal history. He submits that the seizure list has not

Patna High Court Cr.Misc. No.51491 of 2016 (2) dt.05-12-2016 2/2 signed by the independent witnesses, which makes prosecution story doubtful.

However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer for bail.

Be that as it may, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Excise P.S.Case No. 369 of 2016. (Nilu Agrawal, J) Sudha/- U T