Sanjay Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86204 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Sanjay Sahu, S/o Ram Bilash Sahu R/o Village- Mirchak, P.S.- Manigachi (Bajitpur O.P.), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Manigachi (Bajitpur O.P.) P.S. Case No. 01 of 2023 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 395 liters and 280 ml foreign liquor from the Scorpio Vehicle. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case only on the basis of discloser of apprehended co-accused Raj Kishore Sahu. Petitioner has

Patna High Court CR. MISC. No.86204 of 2023(2) dt.11-01-2024 2/3 no concern with the alleged recovery. Neither he was arrested on the spot nor any incriminating incriminating article has been recovered from his conscious possession. Seizure list has not been prepared as per provision of Section 100 of the Cr.P.C.The petitioner is languishing in judicial custody since 25.09.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner being driver of the alleged vehicle is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manigachi (Bajitpur O.P.) P.S. Case No. 01 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge-II (Excise Act), Darbhanga.

Patna High Court CR. MISC. No.86204 of 2023(2) dt.11-01-2024 3/3 The bail bond of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five Thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) lata/- U T