Shankar Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55693 of 2016 Arising Out of PS.Case No. -276 Year- 2016 Thana -ALAMGANJ District- PATNA ====================================================== Shankar Sao, Son of Subhash Sao, R/o Chailital, P.S.- Alamganj, DistrictPatna. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Sandeep Kumar and Ajeet Kumar, Advocates. For the State : Mrs. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 13-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Alamganj P.S. Case No.276 of 2016 (G.R. No.3298 of 2016) registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of patrolling duty when the informant alongwith other police officials reached at the shop of Shyamjee Babu then saw two persons there, who were making attempt to unload the articles from a pickup van having no registration number. On seeing the police party, both persons started to flee away but both were identified as Shankar Sao (petitioner) and his brother Sanjeev Sao. When the police party reached near the pickup van, then saw the registration number of the Bolero pickup van as BR-01GC-7580. On

Patna High Court Cr.Misc. No.55693 of 2016 (2) dt.13-01-2017 2/2 search of the Bolero pickup van, 108 bottles, each containing 750 ml. Foreign Made Country Made Liquor, kept in 9 cartoons each containing 12 bottles, were recovered.

Learned counsel appearing on behalf of the petitioner submits that, in fact, Sanjeev Sao, the brother of the petitioner, is accused in a case registered under the Excise Act and due to that reason, the petitioner and his brother Sanjeev Sao have falsely been implicated in this case. Further submission is that while the petitioner is accused in two other cases, as detailed in paragraph-3 to this application, but in both the cases, the petitioner is on bail.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, Patna, in connection with Alamganj P.S. Case No.276 of 2016 (G.R. No.3298 of 2016), subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T