Chulah Paharia @ Chulai Paharia @ Chulhai Paharia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42582 of 2018 Arising Out of PS.Case No. -71 Year- 2018 Thana -PIRPAINTI District- BHAGALPUR ====================================================== CHULAH PAHARIA @ CHULAI PAHARIYA @ CHULHAI PAHARIYA, Son of Ganga Paharia, Resident of village - Jagdishpur More, Paharia Tola, P.S.-Pirpainti, District-Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2018 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 188, 273 and 290 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
10 litres of country made liquor is said to have been recovered from the hut 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 with the seized liquor. The hut of the petitioner is inhabited by several family members and he had no knowledge of keeping of
Patna High Court Cr.Misc. No.42582 of 2018 (2) dt.16-07-2018 2/2 the said liquor in the hut. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 08.04.2018.
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, Bhagalpur in connection with Pirpainti P.S. Case No. 71 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T