Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50665 of 2018 Arising Out of PS.Case No. -228 Year- 2018 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== Sanjay Singh Son of Banarsi Singh Resident of Village- Diva Colony Ramakrishna Nagar Police Station- Ramakrishna Nagar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 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 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

31.350 litres of foreign liquor is said to have been recovered from the possession of the petitioner and the 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 by the police merely on suspicion while he was passing through

Patna High Court Cr.Misc. No.50665 of 2018 (2) dt.18-08-2018 2/2 the place of occurrence at the time of occurrence. The real culprit managed to escape dumping the aforesaid liquor there seeing the police personnel. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 06.07.2018.

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, Patna in connection with Special Case No. 6140 of 2018 arising out of Ramkrishna Nagar P.S. Case No. 228 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T