Patna High CourtCR. MISC./25602/2018bail granted

Fool Babu Sah v. The State Of Bihar

2018-05-02Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25602 of 2018 Arising Out of PS.Case No. -71 Year- 2016 Thana -HATHAURI District- MUZAFFARPUR ======================================================

1. Fool Babu Sah S/o Ram Binod Sah, R/o Vill.- Berai P.S.- Hathauri, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 & 273/414 of the Indian Penal Code and Section 47 (a) 53 of the Bihar Prohibition and Excise Act, 2016.

31.140 liters of foreign liquor is said to have been recovered from the hut of the petitioner and one person, namely, Ram Vinod Sah was apprehended while petitioner and three other accused persons brewing the liquor in the hut managed to escape. 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

Patna High Court Cr.Misc. No.25602 of 2018 (02) dt.02-05-2018 2/ 2 either with the seized liquor or the hut in question. He was not apprehended on the spot. He has been falsely implicated in this case due to dirty village politics. Though one more case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 19.03.2018.

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 the learned Special Judge Excise, Muzaffarpur in connection with Hathauri P.S. Case No. 71 of 2016.

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