Chhotelal Pasi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31389 of 2018 Arising Out of PS.Case No. -59 Year- 2018 Thana -ANDER District- SIWAN ======================================================
1. Chhotelal Pasi S/o Late Lakshu Pasi, R/o Vill.- Chandauli, P.S.- Andar, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== 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 272 & 273 of the Indian Penal Code and Section 47 (a) of the Bihar Prohibition and Excise Act, 2016.
3.24 liters of foreign liquor is said to have been recovered from the wheat field 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 been falsely implicated in this case by the police merely
Patna High Court Cr.Misc. No.31389 of 2018 (02) dt.21-05-2018 2/ 2 on suspicion while he was passing through the place of occurrence at the time of occurrence. He has no concern either with the seized liquor or the place of recovery. Though one more case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 31.03.2018. 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 District and Sessions Judge-II, Siwan in connection with Andar P.S. Case No.59 of 2018. (Prakash Chandra Jaiswal, J.) Trivedi/- U T