Ramfal Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38647 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ======================================================

1. Ramfal Chaudhari S/o Late Radhunandan Chaudhary, R/o Vill.- Vinowa Nagar, P.S.- Magadh Medical, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2018 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 30(a), 38(a), 37(b) (c) of the Bihar Prohibition and Excise Act, 2016.

20 liters country made liquor and 60 liters of raw material are said to have been recovered from the house of the petitioner and petitioner and other accused persons consuming wine in the aforesaid house were apprehended. Petitioner was allegedly vending the liquor in the aforesaid house.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious

Patna High Court Cr.Misc. No.38647 of 2018 (02) dt.03-07-2018 - 2 - physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or with any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. There is no compliance of Section 100 Cr.P.C. The chargesheet in the case has already been submitted. He has no criminal antecedent and has been languishing in custody since 16.03.2018.

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 Special Excise Judge, Gaya in connection with Magadh Medical P.S. Case No. 55 of 2018.

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