Sandip Sandilya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38568 of 2018 Arising Out of PS.Case No. -289 Year- 2018 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sandip Sandilya son of Nirbhay Singh Resident of Village Kotwa, Police Station - Kotwa, District East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 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 Section 414/34 of the Indian Penal Code and Section 30 (1) and 41 (1) of the Bihar Prohibition and Excise Act, 2016.

93.75 liters of foreign liquor is said to have been recovered from the car and the petitioner and its driver Santosh Gupta were apprehended.

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 vehicle in question. As a matter of

Patna High Court Cr.Misc. No.38568 of 2018 (02) dt.02-07-2018 2/ 2 fact, he happens to be a student of Aryabhat Computer Institute and 25 years old. He was pointing out the way to the driver of the said car and in the meantime police arrived there and apprehended the petitioner merely on suspicion. He has no criminal antecedent and has been languishing in custody since 23.05.2018. 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 Special Judge Excise, East Champaran at Motihari in connection with Nagar P.S. Case No.289 of 2018.

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