Sanjay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.87 of 2018 Arising out of PS.Case No. -418 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Sanjay Kumar Sah S/o Ragho Sah @ Raghu Sah Resident of VillageGijash P.S.-Saraiya (Jaitpur O.P.), District-Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Saraiya P.S. Case No. 418 of 2017 instituted for the offences under Sections 30(a), 38/41 of the Bihar Prohibition and Excise Act.

The police upon receiving secret information that illicit liquor had been stocked in the house of Hiralal Sah @ Gyani Sah, raided the said house and recovered 324.36 liters of illicit foreign wine and when the Police had come in the village they saw two persons fleeing away and apprehended them and one of them is the petitioner herein.

The learned counsel for the petitioner submits that the petitioner is neither the owner of the house where the illicit liquor

Patna High Court Cr.Misc. No.87 of 2018 (2) dt.18-01-2018 2/2 has been recovered nor any illicit liquor has been recovered from the conscious possession of the petitioner. It is submitted that the petitioner has a clean antecedent and he is in custody since 10.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur in connection with Saraiya P.S. Case No. 418 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T