Vikash Sah @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30584 of 2016 Arising Out of PS.Case No. -170 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ====================================================== Vikash Sah @ Vikash Kumar son of Sri Shivji Sah, resident of Maripur Chowk, P.S. Kaji Mohammadpur, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, advocate : Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Anil Kumar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehended his arrest in connection with Excise Case No. 170 of 2016 registered for the offences punishable under Section 47A/54 of the Bihar Excise Amendment Act, 2016.

The allegation against the petitioner is that from the premises, which were being used by Riga Sugar Company Ltd. Distillery Division, 720 bottles, measuring total 181.44 liters of liquor was seized.

Learned counsel for the petitioner submits that the manufacturing unit of the liquor factory was run by one Uday Shankar Dwivedi and in this way, so far as the petitioner is

Patna High Court Cr.Misc. No.30584 of 2016 (2) dt.05-08-2016 2/2 concerned, he has been given 4 to 5 acre, one portion on rent by the land owner, in which he has opened Ganpati Tobacco Private Limited by an agreement executed between the house owner i.e. Mrs. Chada Gupta on the one hand and Om Prakash on the other hand. The liquor was seized from the unit, which is known as a Riga Sugar Company Ltd. Distillery Division, Riga and not from the premises owned and run by the petitioner.

In view of the above facts and circumstances of the case, considering the nature of allegations and also liquor had not been recovered form the premises of the petitioner, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four 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 Chief Judicial Magistrate, Muzaffarpur, in connection with Excise Case No. 170 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) Rajiv/- U T