Manoj Kumar Sah @ Manoj Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53183 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Manoj Kumar Sah @ Manoj Gupta, Son of Late Brahamdeo Sah, Resident of Village-Panchvir, P.S. Sahebpur Kamal, District-Begusarai. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ganga Prasad Bimal For the Opposite Party/s : Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sahebpur Kamal P.S. Case no. 115 of 2016, registered under Section 47(a) of the Bihar Excise (Amendment) Act, 2016. The accusation is of recovery of 195 bottle, each containing 180 ML, 533 bottle- each containing 375 ML Indian made foreign liquor from a Scorpio and a motorcycle, but the occupant of the said vehicles succeeded to flee away. Thereafter, six persons named in the F.I.R. were identified as occupants of the said vehicles by Chowkidar.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner is not named in the F.I.R. and in course of investigation, it has only come in the supervision note that this petitioner was licensee of the firm of Indian made foreign liquor
Patna High Court Cr.Misc. No.53183 of 2016 (2) dt.08-12-2016 2/2 and he might be entered in the transportation of the recovered liquor. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-V, Begusarai in connection with Sahebpur Kamal P.S. Case No. 115 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T