Vijay Shankar Sah @ Vijay Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48718 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== VIJAY SHANKAR SAH @ VIJAY SHANKAR Son of Gunagar Sah Resident of Village - Gangapur Chowk, Ward No.-2, P.S.- Musrigharari, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-08-2019 The petitioner apprehends his arrest in connection with Excise Case No. 213 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act (hereinafter referred to as the 'Act').

Allegation against the petitioner, as per the prosecution report, is that excise officials raided the house of the petitioner and recovered 23.64 litres illicit liquor from inside the hayrick kept in front of the house of the petitioner. Learned counsel for the petitioner submits that from perusal of the prosecution report, it is evident that illicit liquor has not been recovered from inside the house of the petitioner rather the same has been recovered from a place situated in front of the house of the petitioner which is an open place,

Patna High Court CR. MISC. No.48718 of 2019(2) dt.05-08-2019 2/2 accordingly, upon perusal of the FIR, no prima facie case under the Act is made out against the petitioner inasmuch as recovery has not been made from the conscious possession of the petitioner and the petitioner has got no criminal antecedent. After having heard learned counsel for the parties and taking into consideration the fact that recovery has not been made from inside the house of the petitioner rather same is recovered allegedly from an open place situated in front of the house of the petitioner as such I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessoins Judgecum-Special Judge, Excise, Samastipur in connection with Excise Case No. 213 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.