Sanjay Mochi @ Nepla @ Sanjay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52873 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- BALIYA District- Begusarai ====================================================== SANJAY MOCHI @ NEPLA @ SANJAY RAM SON OF LATE RAGHO MOCHI @ RAGHO MOCHI @ LATE RAGHUNANDAN MOCHI R/O VILLAGE- BARI BALLIA, NORTHERN, P.S.- BALLIA, DIST.- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, large quantity of liquor was recovered and accused Robin Kumar was arrested. He disclosed the names of the persons who have escaped as Ashok Yadav and Raja Yadav.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. Referring to the order of learned court below, it is submitted that the name of the petitioner transpired in the confessional statement of co-accused Robin Kumar in paragraph no.7 of the case diary. The said

Patna High Court CR. MISC. No.52873 of 2021(2) dt.09-03-2022 2/2 Robin Kumar has been enlarged on bail vide order dated 17.9.2021 passed in Cr. Misc. no.36910 of 2021. The cause of false implication of the petitioner is his antecedent. He is in custody since 17.5.2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having been arrested at the spot, his being in custody for 9 months and grant of bail to co-accused Robin Kumar on whose confessional statement before the police, the name of the petitioner transpired, the Court directs the petitioner to be enlarged on bail in connection with Ballia P.S. Case no.105 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Bihar Prohibition and Excise Act, Begusarai.

(Partha Sarthy, J) Saurabh/- U T