Amitabh Kumar Sagar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38356 of 2018 Arising Out of PS.Case No. -23 Year- 2018 Thana -BYPASS District- PATNA ====================================================== Amitabh Kumar Sagar, Son of Ram Sagar Singh, resident of VillageSahadei Bujurg, P.S. Desari, Dist.- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nityanand For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

685 litres of country made liquor and 85 litres of foreign liquor are said to have been recovered from the hut taken on rent by Ashirwad Traders. The said firm is said to be hailing to the petitioner, Rishu and Ashish by the locals. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or place of recovery or aforesaid firm.

Patna High Court Cr.Misc. No.38356 of 2018 (3) dt.18-08-2018 2/2 Petitioner was not apprehended on the spot. He has been falsely implicated in the case at the instance of his enemies. Chargesheet in the case has already been submitted. Identity and genuineness of the source of information has not been mentioned in the F.I.R. Barring the disclosure made by the alleged locals, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He has no criminal antecedent. He has been languishing in custody since 07.05.2018. Similarly situated coaccused, namely, Ashish Kumar Singh @ Ashish Kumar has been enlarged on anticipatory bail by a co-ordinate bench of this court vide order dated 06.07.2018 passed in Cr. Misc. No. 36001 of 2018.

Considering the facts aforesaid, 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 Special Judge, Excise, Patna in connection with Special Case No. 558 of 2018, arising out of Bypass P.S. Case No. 23 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T