Sanjeev Kumar Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.43517 of 2018 (2) dt.20-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43517 of 2018 Arising Out of PS.Case No. -109 Year- 2018 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Sanjeev Kumar Choudhary, Son of Late Maheshwar Chaudhary, Resident of Village- Pachpaika, Ward No.1, P.S.- Ujiyarpur, Distt- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2018 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 Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38(1), 38(2) of the Bihar Prohibition and Excise Act, 2016.

4.740 lts. of foreign liquor is said to have been recovered from the house of the petitioner and he was apprehended.

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 at the

Patna High Court Cr.Misc. No.43517 of 2018 (2) dt.20-07-2018 instance of his enemies. The house of the petitioner is inhabited by his several other family members and he had no knowledge of keeping of aforesaid liquor in the said house. The petitioner has no criminal antecedent. He has been languishing in custody since 19.05.2018.

Considering the facts aforesaid, 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 6th Addl. Session Judge cum Special Judge, Excise Act, Samastipur in connection with Ujiyarpur P.S. Case No. 109 of 2018.

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