Parvez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34286 of 2018 Arising Out of PS.Case No. -188 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Parvez Alam, S/o Lal Babu Dewan, R/o Kaudihar Chowk, P.S. Raxaul, District- East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Patanjali Rishi For the Opposite Party : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2018 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.

10.200 liters of Nepali Saufi Wine is said to have been recovered from the open land located on the north of the house of the petitioner.

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 either with the seized liquor or the place of recovery. The place of

Patna High Court Cr.Misc. No.34286 of 2018 (02) dt.20-06-2018 - 2 - recovery is an open place and easily accessible to anyone. He has no criminal antecedent and has been languishing in custody since 22.04.2018.

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 Additional District & Sessions Judge-IV-cum-Special Judge Excise, East Champaran at Motihari in connection with Excise Case No. 188 of 2018.

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