Sanjeet Kumar @ Bhola Kumar @ Bhola Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49932 of 2018 Arising Out of PS. Case No.-110 Year-2018 Thana- TEGHRA District- Begusarai ====================================================== Sanjeet Kumar @ Bhola Kumar @ Bhola Kumar Singh S/o Raj Kumar Thakur, R/o Vill.- Gaura Ward No. 01, P.S.- Teghra, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Teghra P.S. Case No. 110 of 2018 registered for the offence punishable under Section 30(a) of Bihar Prohibition Excise Act, 2016. 639 lts. of foreign liquor is said to have been recovered from the maize field of Lalbabu Rai and five accused persons including the petitioner were identified by the local Chowkidar during the course of escaping from the aforesaid place.

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 either with the seized liquor or with the place of recovery or any trade of liquor. He was not apprehended on the spot. He has been

Patna High Court Cr.Misc. No.49932 of 2018(2) dt.14-08-2018 2/2 falsely implicated in this case at the instance of his enemy by taking local Chowkidar in collusion. At the time of occurrence, he was in custody in connection with Teghra P.S. Case no. 217 of 2018. Though, three more cases under Excise Act have been lodged against the petitioner, but he is on bail in the two out of aforesaid cases. He has been languishing in custody since 22.06.2018 and similarly situated co-accused, namely, Dhiraj Kumar has been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 03.07.2018 passed in Cr. Misc. no. 34797 of 2018 while Pushkar Kumar @ Pushakar Thakur has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 31.05.2018 passed in Cr. Misc. no. 31926 of 2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Excise, Begusarai in connection with Teghra P.S. Case No. 110 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T