Patna High CourtCR. MISC./41790/2018bail granted

Sanjay Kumar v. The State Of Bihar

2018-07-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41790 of 2018 Arising Out of PS.Case No. -145 Year- 2018 Thana -MANIHARI District- MUZAFFARPUR ====================================================== Sanjay Kumar, Son of Sadhu Prasad Rai @ Sadhu Prasad Yadav, resident of village - Sahpur, Maricha, P.S.-Maniyari, District-Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

80.49 litres of foreign liquor is said to have been recovered from the house of the petitioner and his father 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 at the instance of his enemies. The house of the petitioner is

Patna High Court Cr.Misc. No.41790 of 2018 (2) dt.12-07-2018 2/2 inhabited by several family members and he had no knowledge of keeping of the said liquor in the house. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 15.06.2018. Father of the petitioner namely Sadhu Prasad Rai has been enlarged on bail by a coordinate bench of this court vide order dated 09.07.2018 passed in Cr. Misc. No. 39631 of 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, Muzaffarpur in connection with Maniyari P.S. Case No. 145 of 2018.

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