Sanjay Prasad @ Sanjay Kumar @ Shaheb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4204 of 2018 Arising Out of PS.Case No. -264 Year- 2017 Thana -RIVILGANJ District- SARAN ====================================================== Sanjay Prasad @ Sanjay Kumar @ Shaheb, Son of Late Dhram Nath Prasad, Resident of Mohalla-Mauna Mohan Nagar (Salempur), Police Station-Chapra Town, District-Saran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajesh Roy, Advocate. For the Opposite Party : Mr. Ahtash Ali Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.12.2017 in a case for the offence registered under Sections 30, 38(a) and 38 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 2583 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in

Patna High Court Cr.Misc. No.4204 of 2018 (3) dt.17-02-2018 2/2 the present case. It is alleged that total 2583 liters wine is recovered from the Truck in question. The Truck in question does not belong to the petitioner. The name of the petitioner has come on the basis of disclosure made by the co-accused Jitendra Singh. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the liquor was kept in the Truck in question. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ complaint case. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned A.D.J. 6th, Saran at Chapra, in connection with Revilganj P.S. Case No. 264 of 2017.

U.K./- (Sudhir Singh, J) U T