Mananjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38182 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -HATHUA District- GOPALGANJ ====================================================== Mananjay Sah, son of Mohan Sah, resident of village Turpatti, P.S. Hathwa, District Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Smt. Reena Sinha ====================================================== 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 a case registered for the offence punishable under Sections 30(a), 38, 41(i) (ii) of the Bihar Prohibition and Excise Act, 2016.

108.360 liters of foreign liquor is said to have been recovered from the field of Mohan Shah and petitioner and two other accused persons managed to escape who were identified in the torch light.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery. He has been falsely implicated in this case at the instance of his enemy. He was not

Patna High Court Cr.Misc. No.38182 of 2018 (02) dt.29-06-2018 - 2 - apprehended on the spot. Similarly situated co-accused, namely, Bala Lakhandar Kumar @ Bala Lakhindar Sah @ Bala Balindar Sah has been enlarged on bail by a coordinate Bench of this Court in Cr. Misc. No 26899 of 2018 vide order dated 02.05.2018 He has no criminal antecedent and has been languishing in custody since 06.05.2018.

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 2nd Additional Sessions Judge Gopalganj in connection with Hathwa P.S. Case No. 25 of 2018.

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