Md. Sajid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36022 of 2018 Arising Out of PS. Case No.-253 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Md. Sajid, Son of Late Samiullah @ Late Md. Samiullah, Resident of VillageKhoripakar, P.S.- Patahi, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Case no. C-2/253 of 2018 registered under Section 30(a) of the Bihar Excise (Amendment) Act-2016.

1087.200 lts. of Nepali Saufi wine is said to have been recovered from Mahindra Marshal and Hero Splendor motorcycle and petitioner was apprehended.

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 with the seized liquor or with the vehicle in question. He has been falsely implicated in this case by the police merely on

Patna High Court Cr.Misc. No.36022 of 2018(3) dt.18-07-2018 2/2 suspicion while he was passing through the place of occurrence at the time of occurrence and real culprits managed to escape abandoning aforesaid liquor laden vehicles seeing the police party. Neither in the seizure list nor in the prosecution report, it is mentioned as to from where the petitioner was apprehended. There is no compliance of Section 100 Cr.P.C. Petitioner has no criminal antecedent. He has been languishing in custody since 05.05.2018.

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 Additional Sessions Judge-II-cum-Special Judge (Excise), Sitamarhi in connection with Case no. C-2/253 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T