Sanjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49891 of 2018 Arising Out of PS.Case No. -587 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHABHUA (KAIMUR) ====================================================== Sanjay Singh, son of late Mahanand Singh, resident of village- Arari, P.s.- Sahabganj, District- Chandauli (U.P.) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-08-2018 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 30 (a) of the Bihar Prohibition and Excise Act, 2016.
23.760 liters of foreign liquor is said to have been recovered from the motorcycle of the petitioner and 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 either with the seized liquor or motorcycle in question. He has been falsely implicated in this case by the police merely on suspicion
Patna High Court Cr.Misc. No.49891 of 2018 (02) dt.13-08-2018 - 2 - while he was passing through the place of occurrence at the time of occurrence and the real culprit manage to escape dumping the aforesaid liquor laden motorcycle there seeing the police party. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 25.06.2018. In the facts and circumstances of the case, 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, Kaimur at Bhabhua in connection with Excise Case No. 587 of 2018, arising out of P.R. No.25 of 2018-19. (Prakash Chandra Jaiswal, J) Trivedi/- U T