Patna High CourtCR. MISC./72265/2019bail granted

Sanjay Singh v. The State Of Bihar

2019-12-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72265 of 2019 Arising Out of PS. Case No.-340 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== SANJAY SINGH Son of Prabhunath Singh Resident of Village and P.O.- Madhopur Hazari, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 36 and 38 of the Bihar Prohibition and Excise Act, 2016.

432.99 litres of foreign liquor is said to have been recovered from the courtyard of one Basant Sahani and said Basant Sahani has named the petitioner and three other accused persons as involved in the illegal trade of liquor and kept aforesaid liquor there.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from

Patna High Court CR. MISC. No.72265 of 2019(2) dt.11-12-2019 2/2 the conscious physical possession of the petitioner. He has no concern either with the seized liquor or place of recovery or any trade of liquor. There is nothing cogent on record indicating the complicity of the petitioner in the occurrence barring the disclosure made by Basant Sahani due to animosity. Charge sheet in the case has been submitted. He has no criminal antecedent and has been languishing in custody since 18.09.2019.

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, Muzaffarpur in connection with Sahebganj P.S. Case No. 340 of 2019.

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