Vipin Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66653 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- DALSINGHSARAI District- Samastipur ====================================================== Vipin Sah, S/o Suresh Sah, Resident of Village- Chiranjipur Chakka, P.S.- Bachwara, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Dalsinghsarai P.S. Case No.56 of 2018 instituted for the offence under Section(s) 272, 273 Indian Penal Code, 30(a), 38(1), 38(2) and 41(1) of the Bihar Prohibition & Excise Act, 2016.

Counsel for the petitioner submits that petitioner has clean antecedents. He is not named in the written report. There is no recovery from his conscious possession. He has been made accused only because he is owner of ALTO Car from which it is alleged that five cartons of foreign liquor were recovered. In the written report, it is alleged that police recovered foreign liquor from TATA 407 and ALTO Car. Four persons were apprehended on the spot and some persons managed to run

Patna High Court Cr.Misc. No.66653 of 2018(2) dt.19-11-2018 2/2 away.

In this manner, from the written report itself, it is apparent that petitioner was not present at the place of occurrence.

Petitioner is in custody since 18.08.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VSpecial Judge, Excise, Samastipur, in connection with Dalsinghsarai P.S. Case No.56 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T