Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25050 of 2018 Arising Out of PS. Case No.-177 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Sanjeev Kumar, S/o Vindeshwar Sahni, Resident of Village- Kanhauli Ward No.- 8, P.S.- Kanhauli, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mahendra Thakur Mr. Vijay Kumar Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Case no. C2-177/18/232/18 registered under Section 30(a) of Bihar Prohibition & Excise Act-2016.

36 lts. of Nepali wine is said to have been recovered from the possession 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. He has no concern with the seized liquor. He has been falsely implicated in the case at the instance of his enemy by planting the aforesaid recovery

Patna High Court Cr.Misc. No.25050 of 2018(2) dt.01-05-2018 2/2 from his possession. He has no criminal antecedent. He has been languishing in custody since 25.03.2018.

On the other hand, learned APP for the State opposed the bail prayer of the petitioner and submitted that petitioner was caught red handed with the aforesaid liquor. Hence, he does not deserve bail.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-II-cum-Special Judge, Excise, Sitamarhi in connection with Case no. C2-177/18/232/18.

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