Patna High CourtCR. MISC./31210/2018bail granted

Binod Chaudhary v. The State Of Bihar

2018-05-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31210 of 2018 Arising Out of PS.Case No. -108 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ====================================================== Binod Chaudhary Son of Shankar Chaudhary Resident of Village- Kumhar Saun, P.S. Garhpura, District- Begusarai, At Present Village- Paruram, P.S. Hathauri, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2018 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 30(a) (1) and 38 of the Bihar Prohibition and Excise Act, 2016.

60 litres of fomented toddy and 20 litres of country made liquor is said to have been recovered from the shop 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 either with the seized articles or with the shop in question. He does

Patna High Court Cr.Misc. No.31210 of 2018 (2) dt.21-05-2018 2/2 not happen to be owner of the aforesaid shop rather he was sitting in the said shop without knowledge of keeping of the aforesaid articles in the shop. He has no criminal antecedent. He has been languishing in custody since 04.04.2018.

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 Addl. Sessions Judge cum Special Judge, Excise Act, Samastipur in connection with Excise Case No. 108 of 2018.

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