Jitendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35153 of 2018 ====================================================== Jitendra Ram, Son of Ramdeo Ram, Resident of Village- Pachtaki Ram, Police Station- Bairganiya, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 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, 290, 294 of the Indian Penal Code and Section 30 (A), 37(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

61.200 liters of Nepali Saufi wine is said to have been recovered from the courtyard of the house of the petitioner and 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 this case at the instance of liquor mafia by keeping the aforesaid article in his courtyard as he refused to work as a carrier for them. The

Patna High Court Cr.Misc. No.35153 of 2018 (2) dt.22-06-2018 - 2 - house of the petitioner is inhabited by his several family members. He has no criminal antecedent and has been languishing in custody since 08.05.2018.

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 2nd Additional Sessions Judge-cum-Special Judge Excise, Sitamarhi in connection with Bairgania P.S. Case No. 93 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T