Nandu Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24702 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Nandu Sada son of Late Lalkishun Sada Resident of village - Bhagwanpur Chaksekho, P.S. Dalsingsarai, District - Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 41 of 2018 registered under Sections 30(a)(d) and 38(1) of Bihar Prohibition & Excise Act-2016. 35 lts. of country made liquor and 525 Kg. Java Gur are said to have been recovered from the hut of the petitioner and its premises. The said Java Gur was damaged in course of excavating from the earth.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized article. The hut from where the aforesaid articles is

Patna High Court Cr.Misc. No.24702 of 2018(2) dt.01-05-2018 2/2 said to have been recovered, is inhabited by several other family members of the petitioner and he had no knowledge of keeping of the said article in the hut and its premises. He has been falsely implicated in the case due to dirty village politics. He has no criminal antecedent. He has been languishing in custody since 04.02.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Addl. Sessions Judge-cum-Special Judge, Excise, Samastipur, in connection with Excise Case no. 41 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T