Sanjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21157 of 2018 Arising Out of PS.Case No. -232 Year- 2017 Thana -DARAUNDHA District- SIWAN ====================================================== Sanjay Chaudhary, Son of Late Haricharan Chaudhary, resident of Village- Bal Bangara, P.S.- Daraunda, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Daraunda P.S. Case No. 232 of 2017 registered under Sections 272, 273, 308 and 414 of the Indian Penal Code and Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016.

15 litres of country made liquor is said to have been recovered from Rakesh Sharma and one person managed to escape. The apprehended accused disclosed the name of the petitioner as his fleeing accomplice.

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

Patna High Court Cr.Misc. No.21157 of 2018 (2) dt.16-04-2018 2/2 with the seized liquor. He was not apprehended on the spot. He has been falsely implicated in the case by co-accused Rakesh Sharma. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 09.02.2018. 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 Additional Sessions Judge-II, Siwan in connection with Daraunda P.S. Case No. 232 of 2017.

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