Sandeep Kumar @ Bhema @ Sandeep Sahani @ Bhema Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45152 of 2018 Arising Out of PS.Case No. -164 Year- 2018 Thana -TURKAULIYA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. SANDEEP KUMAR @ BHEMA @ SANDEEP SAHANI @ BHEMA SAHANI Son of Badri Sahani resident of Village - Raghunathpur, P.S. Turkauliya, District - East Champaran, Motihari. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2018 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.

23 liters of foreign liquor is said to have been recovered from the heap of stone chips located beside the house of the petitioner and petitioner managed to escape.

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. The place of

Patna High Court Cr.Misc. No.45152 of 2018 (2) dt.25-07-2018 recovery is an open place and easily accessible to anyone. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. Though one more criminal case has been lodged against him but he is on bail in the said case. He has been languishing in custody since 26.05.2018. 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 7th Additional Sessions Judge-cum-Special Judge Excise Act, East Champaran, Motihari in connection with Turkauliya P.S. Case No. 164 of 2018.

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