Patna High CourtCR. MISC./54226/2018bail granted

Sanjay Sahni v. The State Of Bihar

2018-08-31Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54226 of 2018 Arising Out of PS.Case No. -216 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ======================================================

1. Sanjay Sahni S/o Ramchandra Sahni, R/o Vill.- Baghopur, P.S.- Rosera, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mrs.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 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 Sections 30 (A) and 38 (1) of the Bihar Prohibition and Excise Act, 2016.

10 liters of country made liquor is said to have been recovered from the premises 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 with the seized liquor. He has been falsely implicated in this case at the instance of his enemy. The house of the petitioner is inhabited by

Patna High Court Cr.Misc. No.54226 of 2018 (02) dt.31-08-2018 - 2 - his several family members and he had no knowledge of keeping of the said liquor in the house. He has no criminal antecedent and has been languishing in custody since 21.07.2018. 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 Additional Sessions Judge-VIth-cum-Special Judge Excise Act, Samastipur in connection with Excise Case No. 216 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T