Sanjay Seth v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9772 of 2025 Arising Out of PS. Case No.-956 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Sanjay Seth Son of Vijay Seth Village - Bhabua, ward no. 21, Ps- Bhabua, Dist- Kaimur at Bhabhua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with P.R. No. 956 of 2024 arising out of Excise PS (Bhabhua) Case No. 956 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that total 20.125 litres of foreignliquor was recovered from petitioner's house. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the under construction house of the
Patna High Court CR. MISC. No.9772 of 2025(2) dt.20-02-2025 2/2 petitioner and key of the house was in possession of contractor of house and he was not aware about the illicit liquor which was kept in his house. The petitioner is in custody since 20.12.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. 5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with P.R. No. 956 of 2024 arising out of Excise PS (Bhabhua) Case No. 956 of 2024. (Rudra Prakash Mishra, J) Raj Ranjan/- U T