Saroj Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62951 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Saroj Kumar Patel, Son of Vaidhnath Patel, Resident of Village- N H 77, Khirkhauwa, P.S.- Bhagwanpur, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Runni Saidpur P.S. Case No. 84 of 2017 for the offences punishable under Sections 30, 30(g), 38(1)(2) of Bihar Prohibition and Excise Act, 2016.

The allegation of the prosecution is that a truck was intercepted and huge quantities of illegal foreign liquor were recovered from the said truck. It is further alleged that the said truck was being escorted by a Maruti car from which three FIR named accused persons were arrested. It is alleged that subsequently it transpired that the petitioner is the owner of the said car.

Patna High Court Cr.Misc. No.62951 of 2017 (2) dt.17-01-2018 2/2 The learned counsel for the petitioner submits that neither the petitioner was traveling in the said car nor he was caught from the spot nor any recovery was made from his person. It is further submitted that the car of the petitioner has already been directed to be released in Requisition Case No. 159 of 2017. The petitioner is said to be having a clean antecedent and he is in custody since 9.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. II, Sitamarhi in connection with Runni Saidpur P.S. Case No. 84 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T