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Patna High CourtCR. MISC./8357/2018bail granted

Pradeep Bari @ Pradip Bari v. The State Of Bihar

2018-02-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8357 of 2018 Arising Out of PS.Case No. -485 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Pradeep Bari @ Pradip Bari S/o Jagarnath Bari @ Jagar Nath Bari @ Jagar Nath Wari @ Jagannath Bari, R/o Mohalla- Mogalpura, P.s.- Laheriasarai, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Manish Kumar No 13, Adv. Mr. Rohit Kumar, Adv.

Ms. Nitu Kumari No.7, Adv.

For the Opposite Party : Mr. Upendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Laheriasarai P.S. Case No.485 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

144.09 liters of foreign liquor is said to have been recovered from the house of the petitioner and his brother Shankar Kumar was apprehended on the spot while petitioner managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.8357 of 2018 (02) dt.16-02-2018 2/ 2 conscious physical possession of the petitioner. He was not apprehended on the spot. He has been falsely implicated in this case. He has no concern with the seized liquor or with the alleged business of liquor. He has been falsely named in the case by his brother due to grudge. He has been languishing in custody since 20.12.2017.

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 the learned Additional Sessions Judge-IV-cum-Special Judge, Darbhanga in connection with Laheriasarai P.S. Case No. 485 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T