Lalan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35345 of 2018 Arising Out of PS.Case No. -90 Year- 2018 Thana -BARGANIA District- SITAMARHI ====================================================== Lalan Sah Son of Raj Mangal Sah Resident of Village- Tajpur, Ward No. 7, P.S. and District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shankar Kumar For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 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.

13.500 litres of Nepali saufi wine is said to have been recovered from the cycle 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.35345 of 2018 (2) dt.28-06-2018 2/2 at the instance of his enemies by planting aforesaid recovery from his cycle. He has no criminal antecedent. He has been languishing in custody since 06.05.2018.

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, Sitamarhi in connection with Bairgania P.S. Case No. 90 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T