Manish Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67973 of 2019 Arising Out of PS. Case No.-260 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.

MANISH SAH Son of Ashok Sah Resident of Village - Rampur, P.S.- Teghra, District- Begusarai 2.

Vikash Sah Son of Ashok Sah Resident of Village - Rampur, P.S.-Teghra, District- Begusarai 3.

Prem Sahni @ Prem Chandra Sahni Son of Sito Sahni Resident of Village - Pakhtaul, P.S.-Teghra, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Petitioners seeks bail in anticipation of their arrest in connection with Teghra P.S. Case No. 260 of 2019, registered for the offences punishable under Sections 414 and 120 (B) of the Indian Penal Code and and Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per F.I.R, police got secret information that a truck loaded with liquor is parked by side of road and petitioners and other co-accused present near the truck with a Pick-up Van. On that information the police reached near the truck and on seeing the police petitioners and other accused fled away. Police recovered total 141 liters of liquor from the truck. It further

Patna High Court CR. MISC. No.67973 of 2019(2) dt.24-10-2019 2/2 appears that petitioners are accused in one more case under Excise Act.

Submission of the learned counsel for the petitioner besides this they have been falsely implicated in this case at the instance of police and they were identified by the police in the light of vehicle and nothing has been recovered from their conscious possession or at their instance.

Learned A.P.P. has opposed the prayer for bail on the ground that they are named in the F.I.R and specific allegation against the petitioner in the F.I.R and they have criminal antecedent also.

Having heard both sides, in view of the allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioners are directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available on record.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U T