Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41414 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- CHAURADANO District- East Champaran ====================================================== Sanoj Kumar @ Sanoj Yadav Son of Ram Ayodhya Rai, Resident of VillageTikuliya, P.S.- Adapur, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2018 By filing Vakalatnama of the petitioner Sanoj Kumar @ Sanoj Yadav, learned counsel for the petitioner seeks permission of the Court to make correction in the name of petitioner in the cause title of the bail petition. Permission is granted.

Let the aforesaid correction be made during course of the day.

Heard learned counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with Chhouradano (Mahuawa) P.S. Case no. 48 of 2018 registered for the offence punishable under Sections 272, 273 of I.P.C. and Sections 30(a), 37(B) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court Cr.Misc. No.41414 of 2018(2) dt.13-07-2018 2/3 54 lts. of Nepali Saufi wine is said to have been recovered from two bags which was carried by the two persons and one of them, namely, Ramnath Ray was apprehended while other namely, Arsad Alam managed to escape dumping the said bag seeing the police personnel. The apprehended accused disclosed the name of the petitioner as the owner of the said liquor.

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 with the seized liquor. He has been falsely implicated in this case by the apprehended accused Ramnath Rai due to animosity. Barring the aforesaid disclosure, there is nothing in the record indicating the complicity of the petitioner in the occurrence. Petitioner was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 16.05.2018.

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 A.D.J.-VII-cum-Special Judge, Excise Act, East Champaran,

Patna High Court Cr.Misc. No.41414 of 2018(2) dt.13-07-2018 3/3 Motihari in connection with Chhouradano (Mahuawa) P.S. Case no. 48 of 2018.

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