Chand Ali @ Md. Chand Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37211 of 2018 Arising Out of Excise Case No.- 176 Year- 2018 District- East Champaran ====================================================== Chand Ali @ Md. Chand Ali S/o Md. Asfaque @ Asfaque, R/o Vill.- Kharuhi Barah Farique, P.S.- Kundwa Chainpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 Some of the contents of prescription issued by emergency ward of Sadar Hospital, Motihari, is not readable, hence, the defect at 14(4) as pointed out by the office is ignored. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 176 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016.

10.500 lts. of Nepali Saufi wine is said to have been recovered from dickey of motorcycle of the petitioner and he was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious

Patna High Court Cr.Misc. No.37211 of 2018(3) dt.02-07-2018 2/2 physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this by the personnel of Excise Department by planting the aforesaid recovery from his motorcycle at the instance of his enemy. He has no criminal antecedent. He has been languishing in custody since 15.04.2018.

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 Addl. Sessions Judge-IV-cum-Special Judge, Excise, East Champaran at Motihari in connection with Excise Case no. 176 of 2018.

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