Sagar Kumar Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.19321 of 2018 (2) dt.27-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19321 of 2018 Arising Out of PS.Case No. -15 Year- 2018 Thana -TATARPUR District- BHAGALPUR ====================================================== Sagar Kumar Jha S/o Parmod Jha, R/o Village- Singhnan, P.S.- Rajoun, District- Banka (wrongly desribed as R/o Village-Singhnan, P.S.- Jagdishpur, District- Bhagalpur).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate. For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

117 litres of foreign liquor is said to have been recovered from box and bag 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 either with the seized liquor or with the box and bag in question.

Patna High Court Cr.Misc. No.19321 of 2018 (2) dt.27-04-2018 As a matter of fact, he was standing at the place of occurrence in wait of the bus, in the meantime police arrived there and the person having the said box and bag managed to escape seeing the police party and police apprehended the petitioner merely on suspicion. He has no criminal antecedent. He has been languishing in custody since 02.02.2018.

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 4th Addl. District and Sessions Judge cum Special Judge, Excise, Bhagalpur in connection with Tatarpur P.S. Case No. 15 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T