Patna High CourtCR. MISC./31529/2018bail granted

Mahaveer Chaudhary @ Mahavir Chaudhary v. The State Of Bihar

2018-05-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31529 of 2018 Arising Out of PS.Case No. -76 Year- 2018 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Mahaveer Chaudhary @ Mahavir Chaudhary, S/o Late Ruplal Chaudhary, R/o Mohalla- Makhdumpur Dih, near Kargil Chawk, Ward No. 12, P.S.- Makhdumpur, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-05-2018 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 Section 30(a)(c) of the Bihar Prohibition and Excise Act, 2016.

9 liters of foreign liquor is said to have been recovered from the house of the petitioner and the petitioner was apprehended.

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 no with the seized liquor. He has been falsely implicated in the case at the instance of his enemies. The house of the petitioner is

Patna High Court Cr.Misc. No.31529 of 2018 (02) dt.24-05-2018 - 2 - inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. He has no criminal antecedent and has been languishing in custody since 14.03.2018. 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 Additional Sessions Judge - II, Jehanabad in connection with Makhdumpur P.S. Case No. 76/18 (Excise Case No. 262/2018).

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