Ram Udgar Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46426 of 2018 Arising Out of PS.Case No. -336 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSUPAUL ====================================================== Ram Udgar Sada, Son of Late Siya Ramsada, resident of village - Asanpur Kupha, P.S.-Kishanpur, District-Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Murari Narain Chaudhary For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

18 litres of Nepali liquor is said to have been recovered from the possession of the petitioner and one Biku Paswan.

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 at the instance of his enemies by planting aforesaid recovery from

Patna High Court Cr.Misc. No.46426 of 2018 (2) dt.31-07-2018 2/2 his possession. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 23.04.2018.

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 Addl. District and Sessions Judge-II cum Special Judge, Excise, Supaul in connection with Misc. Excise Case No. 336 of 2018, P.R. No. 08 of 2018.

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