Vijay Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45195 of 2019 Arising Out of PS. Case No.-200 Year-2019 Thana- KHUSRUPUR District- Patna ====================================================== VIJAY SAW Son of Late Chandrika Saw @ Chindrika Saw Resident of Village- Kurtha, P.S.- Khushrupur, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Special Case No. 5385 of 2019 arising out of Khushrupur P.S. Case No. 200 of 2019, instituted for the offence under Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that 80 litres of foreign liquor kept in two Jute bags has been recovered from the place of occurrence. Petitioner has been arrested by the Police on the spot.

Counsel for the petitioner submits that there is no recovery of any illicit liquor from conscious possession of the petitioner. In the seizure list it is mentioned that recovery has been made from bank of river Ganga Ghat. Petitioner has been

Patna High Court CR. MISC. No.45195 of 2019(2) dt.25-07-2019 2/2 arrested merely on suspicion.

Petitioner is in custody since 19.6.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna, in connection with Special Case No. 5385 of 2019 arising out of Khushrupur P.S. Case No. 200 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T