Chandrakant Prasad @ Chandarkant Pd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22537 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -VIDYAPATINAGAR District- SAMASTIPUR ====================================================== CHANDRAKANT PRASAD @ CHANDARKANT PD. S/o Sri Nandu Mahto, R/o Vill.- Ishapur (Simri), P.S.- Vidyapati Nagar, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== 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 Vidyapatinagar P.S. Case No. 10 of 2018 registered under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 35(a)(b), 38(1)(2) and 47 of the Bihar Prohibition and Excise Act, 2016.

360 ML foreign liquor is said to have been recovered from the possession of the petitioner while 43.44 litres from his house.

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.22537 of 2018 (2) dt.17-04-2018 2/2 with the seized liquor. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the said liquor in the house. He has no criminal antecedent. He has been languishing in custody since 21.02.2018. 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 3rd Additional Sessions Judge cum Special Judge, Excise Act, Samastipur in connection with Vidyapatinagar P.S. Case No. 10 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T