Naresh Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31890 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -JAYNAGAR District- MADHUBANI ====================================================== Naresh Giri S/o Lakshman Giri Resident of Village - Inarwa, P.S. - Khajuri , District Dhanusha (Nepal).
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
231 litres of Nepali liquor is said to have been recovered from the possession 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 with the seized liquor. He has been falsely implicated in the case
Patna High Court Cr.Misc. No.31890 of 2018 (3) dt.18-06-2018 2/2 at the instance of his enemies by planting aforesaid recovery from his possession. Seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 04.01.2018.
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. District and Sessions Judge-II-cum Special Judge, Excise Act, Madhubani in connection with Jaynagar P.S. Case No. 05 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T