Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22566 of 2018 Arising Out of PS. Case No.-245 Year-2017 Thana- PANCHRUKHI District- Siwan ====================================================== Sanjay Singh S/o Late Shiv Bachan Singh, R/o Vill.- Sadikpur, P.S.- Pachrukhi, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP 141 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Pachrukhi P.S. Case No. 245 of 2017 registered under Sections 272, 273, 308 and 420 of the Indian Penal Code and Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. 11.925 liters of country made liquor is said to have been recovered from the house of the petitioner and the wife of the petitioner, namely, Suganti Devi, was apprehended while petitioner managed to excape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious possession of the petitioner. He has no concern with

Patna High Court Cr.Misc. No.22566 of 2018(2) dt.17-04-2018 2/2 the seized liquor and was not apprehended at the spot. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his house. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the aforesaid liquor in the said house. He has no criminal antecedent. He has been languishing in custody since 06.03.2018.

Considering the facts, aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Pachrukhi P.S. Case No. 245 of 2017 to the satisfaction of the Additional District & Sessions Judge II-cum-Special Judge, Excise, Siwan. (Prakash Chandra Jaiswal, J) Shamshad/- U