Patna High CourtCR. MISC./51145/2018bail granted

Sanju Kumar v. The State Of Bihar

2018-08-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51145 of 2018 Arising Out of PS.Case No. -277 Year- 2018 Thana -RUPASPUR District- PATNA ====================================================== Sanju Kumar, S/o Late Sohan Manjhi, resident of village - Govindpur, P.S.- Phulwarisharif, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Prasad For the Opposite Party/s : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 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 279 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 30 litres of country made liquor is said to have been recovered from the motorcycle of the petitioner and the petitioner was apprehended.

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 with the seized liquor. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprit

Patna High Court Cr.Misc. No.51145 of 2018 (2) dt.20-08-2018 2/2 managed to escape dumping the aforesaid liquor there seeing the police personnel. He has no criminal antecedent. He has been languishing in custody since 04.07.2018.

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 Special Judge, Excise, Patna in connection with Rupaspur P.S. Case No. 277 of 2018.

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