Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56303 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -NAUBATPUR District- PATNA ====================================================== Sanjay Singh, Son of Late Ramesh Prasad Singh, Rsident of VillageNeema, Police Station- Dhanarua, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Akhileshwar Prasad Singh For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2017 The petitioner seeks bail in connection with Special Case No. 977 of 2017, arising out of Naubatpur P.S. Case No. 27 of 2017 dated 31.01.2017 instituted for the offences under Sections 30, 38(1), 41(1) of the Bihar Prohibition and Excise Act, 2016.

Though the petitioner has not been named in the F.I.R but on the information at the time of raid, his house was also raided and from there, four bottles of liquor were recovered. Learned counsel for the petitioner has submitted that the recovery was allegedly made in front of the house of one Dhiraj Kumar who has been granted bail by a Bench of this Court on the ground that there had been a partition in his family and the place from where the recovery was made did not fall in the share

Patna High Court Cr.Misc. No.56303 of 2017 (3) dt.21-12-2017 2/3 of aforesaid Dhiraj Kumar but of his step brother. Learned counsel for the petitioner, however has submitted that in this case the petitioner has not been arrested from the spot and only because in the past he had been exposing the misdeeds of the local administration, he has been made accused in this case by falsely showing that four bottles of liquor were recovered from his house. The petitioner is in custody since 20.09.2017. The petitioner, though prior to the present case had been made accused in several other cases but Mr. Akhileshwar Prasad Singh, Sr. Advocate has submitted that in all such cases, the petitioner has been acquitted. It is precisely for this reason, it has been argued, that the reference of such cases have not been made in para 3 of the petition. However, petitioner is also an accused in Dhanarua P.S. Case No. 415 of 2017 instituted under various provisions of the Arms Act and in that case, a petition for bail is pending before the Court below.

Regard being had to the period of custody of the petitioner, this Court is inclined to grant bail to him. The petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection

Patna High Court Cr.Misc. No.56303 of 2017 (3) dt.21-12-2017 3/3 with Special Case No. 977 of 2017, arising out of Naubatpur P.S. Case No. 27 of 2017.

(Ashutosh Kumar, J) Shageer/- U T