Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45358 of 2018 Arising Out of PS.Case No. -101 Year- 2018 Thana -MANIGACHI District- DARBHANGA ====================================================== Sonu Kumar, son of Raghubir Yadav, resident of village Bajitpur, Jaynagar, P.S. Manigachhi, District Madhubani.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Subhash Kumar Jha, Adv. For the Opposite Party : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 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 30 (a) of the Bihar Prohibition and Excise Act, 2016.
Petitioner was apprehended from a Swift Desire Car and 1669 liters of foreign liquor is said to have been recovered from the locked room of the Middle School, Chak Basawan which is said to have been rented out to the contractor Sanjay Jha by the Headmaster of the School, Buddhi Nath Jha for storing cement and the petitioner and the aforesaid persons are involved in the illegal trade of liquor.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious
Patna High Court Cr.Misc. No.45358 of 2018 (02) dt.26-07-2018 - 2 - physical possession of the petitioner. He has no concern either with the seized liquor or car or place of recovery or any trade of liquor. As a matter of fact, he was standing near the car and the police falsely implicated him in the case merely on suspicion. Similarly situated co-accused, namely, Pankaj Jha, Budhi Nath Jha and Lalit Yadav have been enlarged on bail by this Court in Cr. Misc. Nos.34673 of 2018, 35446 of 2018 and 42304 of 2018 vide orders dated 21.06.2018, 29.06.2018 and 13.07.2018 respectively. He has no criminal antecedent and has been languishing in custody since 22.05.2018.
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-IV-cum-Special Judge Excise, Act, Darbhanga in connection with Manigachhi P.S. Case No. 101 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T