Rajendra Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3420 of 2019 Arising Out of PS. Case No.-625 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Katihar ====================================================== Rajendra Poddar, aged about 39 years, Male, son of Late Parmanand Poddar, Resident of Mohalla- Harijan Colony Daheriya, P.S.- Katihar Nagar, DistrictKatihar ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ajit Kumar Singh, Adv.

For the Opposite Party :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 29.11.2018 in connection with CI Case No. 625 of 2018 for the offence alleged under Section 30(a) read with Section 13 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the Excise Officials, is that the petitioner was apprehended and on search was found to be in possession of 20 liters of country made liquor.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. Learned counsel for the petitioner submits that the illicit liquor has not been recovered from the possession of the petitioner, but, from the

Patna High Court Cr.Misc. No.3420 of 2019(2) dt.25-01-2019 2/2 respective place and that the petitioner undertakes not to induce witnesses or tamper with the prosecution witnesses. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that illicit country made liquor was recovered from the possession of the petitioner and, thereafter, seizure list has been prepared. Considering the facts and circumstances and that the petitioner bears no criminal antecedent, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with CI Case No. 625 of 2018 to the satisfaction of the learned Additional District Judge II-cumSpecial Judge, Excise Act, Katihar. (Nilu Agrawal, J) Shamshad/- U T