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Patna High CourtCR. MISC./39991/2018bail granted

Shatrughan Sah v. The State Of Bihar

2018-07-19Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39991 of 2018 Arising Out of PS. Case No.-241 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Shatrughan Sah, Son of Binod Sah, Resident of Village- Dhanushi, Police Station- Runnisaidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Runnisaidpur P.S. Case no. 241 of 2018 registered under Sections 30(A), 38(i) and 41 of the Bihar Excise (Amendment) Act-2016.

11.800 lts. of foreign liquor is said to have been recovered from dickey of motorcycle of the petitioner and the petitioner and one other co-accused, namely, Binod Sah managed to escape, who were identified by the villagers in the course of escaping.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.39991 of 2018(3) dt.19-07-2018 2/2 physical possession of the petitioner. He has no concern either with the seized liquor or with the motorcycle in question. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. Identity and genuineness of the source of information has not been mentioned in the written report. Petitioner has no criminal antecedent. He has been languishing in custody since 18.05.2018.

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.-IIcum-Special Judge, Sitamarhi in connection with Runnisaidpur P.S. Case no. 241 of 2018.

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