Kanhaiya Sah @ Kanhaisa Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 2139 of 2017 Arising out of P.S. Case No. - 275 Year - 2016 Thana - BANIAPUR District - SARAN ====================================================== Kanhaiya Sah @ Kanhaisa Sah, Son of Sukan Sah @ Sukhal Sah, Resident of Village - Dhobwal, P.S. - Baniyapur, District - Saran at Chapra .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 47 of the Bihar Amended Excise Act, 2016.

From the house of this petitioner, which was hired to co-accused Dhurendra Sah, foreign liquors was recovered by the authorities on 28.09.2016.

Submission of the petitioner is that, in fact, there was no recovery from the petitioner, rather possession of foreign liquor was not an offence on the alleged date of recovery. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on

Patna High Court Cr.Misc. No.2139 of 2017 (3) dt.02-03-2017 2/2 furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saran at Chapra/Successor Court in connection with Baniyapur Police Station Case No. 275 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Kundan (Birendra Kumar, J) U T