Madan Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7842 of 2018 Arising Out of PS.Case No. -632 Year- 2017 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Madan Saw, S/o Medi Saw, R/o Kharjama, Golapar, P.S.- Barbigha, District- Sheikhpura.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case No.841/2017, arising out of Barbigha (Mission O.P.) P.S. Case No.632/2017registered under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

On secret information, the houses of petitioner Madan Saw and co-accused Suresh Singh were searched and huge quantity of illicit foreign liquor were recovered from the aforesaid houses, regarding which Barbigha P.S. Case No. 630/2017 was instituted. On query, both disclosed the name of Arun Ram and Bhola Ram indulged in the liquor business. On their disclosure, the houses of aforesaid accused persons were searched and illicit

Patna High Court Cr.Misc. No.7842 of 2018 (2) dt.13-02-2018 2/2 foreign liquor was seized.

It is submitted by learned counsel for the petitioner that regarding recovery of liquor from his house, Barbigha P.S. Case No. 630/2017 was instituted and he has been enlarged on bail in that case by this court. The petitioner has been falsely implicated in this case due to local politics. Similarly situated co-accused namely Suresh Singh has been enlarged on bail by co-ordinate Bench of this court in Cr. Misc. No. 7309 of 2018 vide order dated 08.02.2018. He has been languishing in custody since 28.12.2017. 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 learned 1st Additional Sessions Judge, Sheikhpura, in connection with Excise Case No.841/2017, arising out of Barbigha (Mission O.P.) P.S. Case No.632 of 2017.

(Prakash Chandra Jaiswal, J) Amit/- U T