Chandan Prasad @ Gerha @ Genda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22433 of 2018 Arising Out of PS.Case No. -655 Year- 2017 Thana -JAHANABAD District- JEHANABAD ====================================================== Chandan Prasad @ Gerha @ Genda, Son of Late Dilip Prasad, Resident of Mohalla Kali Nagar, P.S. & District Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Excise Case No. 1097 of 2017 arising out of Jehanabad P.S. Case No. 655 of 2017 registered under Sections 30(a) and 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

11⁄2 litres of foreign liquor is said to have been recovered from the possession of Rahul Kumar and the petitioner is said to have been vending liquor through said Rahul Kumar. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with any trade of liquor. He was

Patna High Court Cr.Misc. No.22433 of 2018 (2) dt.17-04-2018 2/2 not apprehended on the spot. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 23.03.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II, Jehanabad in connection with Excise Case No. 1097 of 2017 arising out of Jehanabad P.S. Case No. 655 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T