Vishnu Chandra Sah @ Bishnu Chandra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77007 of 2023 Arising Out of PS. Case No.-463 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Vishnu Chandra Sah @ Bishnu Chandra Sah Son of Bauan Sah @ Baon Sah Resident of Village - Gangwara, Ward No.- 09, P.S.- Darbhanga Sadar, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that petitioner has antecedent of three cases and the allegation is of recovery of 765 litres of liquor from a Scorpio vehicle. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he is not the owner or driver of the seized vehicle. He came to be implicated based on secret information which is the easiest way to implicate someone. It is next submitted that it appears that the

Patna High Court CR. MISC. No.77007 of 2023(3) dt.20-02-2024 2/2 police in order to save the real culprits falsely implicated the petitioner based on secret information because of his antecedent.

4. Learned A.P.P. opposes the bail application.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge- 1, (Excise Act), Darbhanga in connection with Sadar P.S. Case No. 463 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) vinita/- U T