Sunil Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6866 of 2018 Arising Out of PS. Case No.-925 Year-2017 Thana- KATIHAR District- Katihar ====================================================== Sunil Kumar Sah, S/o- Shankar Prasad Sah, R/o- 32, Saifganj, Bara Bazar, (Patel Chowk), P.S. and District- Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. SRI MANISH KUMAR 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Katihar Town P.S. Case No. 925 of 2017 registered for the offence punishable under Sections7 of E.C. Act, 1955.

Allegation against the petitioner is recovery of 5000 ltr. of K. oil from his Transport Vehicle. Petitioner is owner of Transport Vehicle and does the Transporting of goods and is not concern with Black Marketing of K. oil.

Learned counsel for the petitioner submitted that he is innocent and has been falsely implicated in this case. It has been further submitted that the police is the informant in this case who arrested the petitioner on the basis of suspicion and nothing has been recovered from the conscious possession of

Patna High Court Cr.Misc. No.6866 of 2018(3) dt.28-02-2018 2/2 the petitioner. It has further been submitted that from perusal of the prosecution case and the seizure list it appears that no independent witnesses have signed on the seizure list. It has been further submitted that petitioner has no criminal antecedent and he is in custody since 09.12.2017. considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar, in connection with Katihar Town P.S. Case No. 925 of 2017.

(S. Kumar, J) veena/- U T