Vijay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35662 of 2018 Arising Out of PS. Case No.-761 Year-2017 Thana- AHIAPUR District- Muzaffarpur ====================================================== Vijay Kumar Sah, Son of Ram Vilash Sah, Resident of village- Ram Nagar, P.S. Gaighat, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 761 of 2017 registered under Sections 272, 273 of I.P.C. and Section 30(a) of Bihar Prohibition and Excise Act2016. 43.200 lts. of foreign liquor is said to have been recovered from Scorpio vehicle and persons standing in the vicinity of the said car managed to escape while the driving licence of the petitioner was found in the said Scorpio. 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 either

Patna High Court Cr.Misc. No.35662 of 2018(2) dt.29-06-2018 2/2 with the seized liquor or with the vehicle in question. He was not apprehended on the spot. Though, driving licence recovered from the vehicle in question is hailing to the petitioner, but photocopy of the said licence was taken by Laxmi Rai incharge of the said vehicle from him and misused the same with ulterior motive. He has no criminal antecedent. He has been languishing in custody since 6.6.2018.

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 Special Judge, Excise Act, Muzaffarpur in connection with Ahiyapur P.S. Case No. 761 of 2017.

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