Shanker Sah @ Vikash Kumar @ Shanker Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46207 of 2018 Arising Out of PS. Case No.-266 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Shanker Sah @ Vikash Kumar @ Shanker Mahto S/o Vinod Sah @ Indal Mahto, R/o Vill.- Sirsiya Bazar, Ward No. 5, P.S.- Bela, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Case no. C2-266 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016.

45 lts. of Nepali Saufi wine is said to have been recovered from possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case by the personnel of Excise Department merely on suspicion while he was passing through the place of occurrence at the time of

Patna High Court Cr.Misc. No.46207 of 2018(2) dt.31-07-2018 2/2 occurrence and real culprits managed to escape dumping the aforesaid liquor there seeing them. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 08.05.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge, Excise, Sitamarhi in connection with Case no. C2-266 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T