Kariya Sah @ Manoj Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83050 of 2019 Arising Out of PS. Case No.-235 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== KARIYA SAH @ MANOJ SAH S/o Late Saral Sah Resident of VillageChakki Laxaman Dera, P.S.- Brahmpur, District- Buxar. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Gupta For the Opposite Party/s :
Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-12-2019 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.
316 litres of foreign liquor is said to have been recovered from the ditch located towards North of the house of Chhabila Yadav, which is said to have been unloaded there by the six named accused persons including the petitioner who managed to escape but were identified by the Chaukidar during the course of escaping.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from
Patna High Court CR. MISC. No.83050 of 2019(2) dt.16-12-2019 2/2 the conscious physical possession of the petitioner. He has no concern either with the seized liquor or place of recovery or any trade of liquor. Place of recovery is open place and is easily accessible to all. He was not apprehended on the spot. He has been falsely implicated in the case by the Chaukidar due to animosity. He has no criminal antecedent and has been languishing in custody since 03.10.2019.
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 Addl. Sessions Judge-II cum Special Judge, Excise Act, Buxar in connection with Brahmpur (Chakki O.P.) P.S. Case No. 235/2019. (Prakash Chandra Jaiswal, J) mantreshwar/- U T