Surendra Kumar Sah @ Surendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8072 of 2018 Arising Out of PS.Case No. -504 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================
1. Surendra Kumar Sah @ Surendra Sah S/o Late Sukhal Sah Resident of Village-Sadatpur (Pahadpur), P.S.-Kanti, District-Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Kanti P.S. Case No.504 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
55.44 liters of foreign liquor is said to have been recovered from the rented house of the petitioner. 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 been falsely implicated in this case. As a matter of fact, the room from where the liquor is said to have been seized is under tenancy of the
Patna High Court Cr.Misc. No.8072 of 2018 (02) dt.15-02-2018 2/ 2 petitioner, which is constructed of asbestos and straw. Petitioner works in a kirana shop and has no concern with the seized liquor or with any business of liquor. He has no criminal antecedent. He has been languishing in custody since 01.12.2017. . In the facts and circumstances of the case, 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 Act, Muzaffarpur in connection with Kanti P.S. Case No.504 of 2017.
(Prakash Chandra Jaiswal, J) Trivedi/- U T