Patna High CourtCR. MISC./62473/2019bail granted

Vijay Kumar Sah @ Bijay Kumar Sah v. The State Of Bihar

2019-10-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62473 of 2019 Arising Out of PS. Case No.-479 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== VIJAY KUMAR SAH @ BIJAY KUMAR SAH, Son of Panchu Sah, Resident of Village-Laxamipur, P.S.-Belbichhawa, District-Rautahat (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar, Adv.

For the Opposite Party/s :

Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 05.08.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that from the possession of the petitioner, 189 litres of Nepali (Saufi) liquor has been recovered.

It is submitted by learned counsel for the petitioner that the said recovery has not been made from the conscious physical possession of the petitioner and the petitioner has maliciously been framed in the present case. A statement has

Patna High Court CR. MISC. No.62473 of 2019(2) dt.23-10-2019 2/2 been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the said recovery has been made from the conscious physical possession of the petitioner.

Considering the nature of recovery, period in custody coupled with statement made in paragraph no.3 of the petition to the effect that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Case No.C2/479/2019.

(Dinesh Kumar Singh, J) Ashwini/- U T