Sandeep Kumar @ Bhema @ Sandeep Sahani @ Bhima Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45117 of 2018 Arising Out of PS.Case No. -266 Year- 2018 Thana -TURKAULIYA DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Sandeep Kumar @ Bhema @ Sandeep Sahani @ Bhima Sahani, son of Badri Sahni, resident of village Raghunathpur, P.S. Turkauliya, District East Champaran, Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2018 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

81 liters of country made liquor is said to have been recovered from the bamboo clamp of Raju Singh allegedly kept there by the petitioner who managed to escape and his name was disclosed by the locals.

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 the place of recovery or any trade of

Patna High Court Cr.Misc. No.45117 of 2018 (02) dt.25-07-2018 liquor. He has been falsely implicated in this case at the instance of his enemy. The identity and genuineness of the source of information has not been mentioned by the informant. He was not apprehended on the spot. He has been languishing in custody since 28.05.2018.

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 7thAdditional Sessions Judge-cum-Special Judge, East Champaran at Motihari in connection with Turkauliya P.S. Case No.266 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T