Md. Sanjur @ Sanjur Nadaf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80196 of 2018 Arising Out of PS. Case No.-151 Year-2018 Thana- JALE District- Darbhanga ====================================================== Md. Sanjur @ Sanjur Nadaf Son of Late Jumrati Nadaf, resident of Village Umarchak Tola (Khajurbara) Nagdih, P.S- Kamtaul, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha For the Opposite Party/s :
Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Jaley P.S. Case No. 151 of 2018 registered under Sections 30(a), 37(a), 37(b), 37(c), 38 and 41 of the Bihar Prohibition and Excise Act-2016.
On the basis of confessional statement of co-accused, namely, Santosh Kumar Yadav, 47 lts. of country made and foreign liquor is said to have been recovered from the house of the petitioner.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. Petitioner has
Patna High Court Cr.Misc. No.80196 of 2018(4) dt.20-02-2019 2/2 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 his several other family members and he had no knowledge of keeping of liquor in the house. He has no criminal antecedent and has been languishing in custody since 11.10.2018.
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-IVth-cum-Special Judge, Darbhanga in connection with Jaley P.S. Case No. 151 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T