Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50783 of 2018 Arising Out of PS.Case No. -646 Year- 2018 Thana -SITAMARHI District- SITAMARHI ====================================================== Sachin Kumar , Son of Rajesh Mahto @ Dukha Mahto, Resident of VillageBhaluaha, P.S- Sonbarsa, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== 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 272 & 273 of the Indian Penal Code and Section 30 (A) of the Bihar Prohibition and Excise Act, 2016. 27.300 liters of Nepali saufi wine is said to have been recovered from the two motorcycles and three persons including the petitioner were detained by the villagers along with the aforesaid motorcycles who later on were apprehended by the police on its arrival.

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 motorcycles in question. He has been

Patna High Court Cr.Misc. No.50783 of 2018 (02) dt.18-08-2018 - 2 - falsely implicated in this case due to dirty village politics. Though one more criminal case has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 01.07.2018.

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 Court of Additional District Judge-II-cum-Special Judge Excise Act, Sitamarhi in connection with Sitamarhi P.S. Case No.646 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T