Md. Jabbar @ Jabbar Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34825 of 2018 ====================================================== Md. Jabbar @ Jabbar Miya, son of Late Gyan Miya, resident of village Gurhanwa, P.S. Kundwa Chainpur, District East Champaran, Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2018 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

18 liters of Nepali Saufi wine is said to have been recovered from the possession 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 this case at the instance of his enemy by planting the aforesaid recovery from his possession. He has no criminal antecedent and has been

Patna High Court Cr.Misc. No.34825 of 2018 (02) dt.21-06-2018 2 /2 languishing in custody since 16.04.2018.

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 4thAdditional Sessions Judge-cum-Special Judge, East Champaran, Motihari in connection with Excise Case No.177/2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U