Sanjay Prasad @ Sanjeev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10048 of 2019 Arising Out of PS. Case No.-142 Year-2018 Thana- ASANWA District- Siwan ====================================================== Sanjay Prasad @ Sanjeev, male, aged about 35 years, S/o Shankar Prasad Resident of village-Shiwpur Sakra, P.S-Assaon, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 31.12.2018 in a case registered for the offences punishable under Sections 272, 273 and 308 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the bag which was carried by the petitioner, 2.500 litres cane beer and about 1 litre of India made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioner that the recovery has not been made from the conscious physical possession of the petitioner and the petitioner has been framed in the present case maliciously.

Learned APP for the State submits that the petitioner

Patna High Court Cr.Misc. No.10048 of 2019(2) dt.20-02-2019 2/2 is named in the FIR.

Considering the quantity of recovery and the period under custody, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Assaon P.S. Case No.142 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T