Mahesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41433 of 2018 Arising Out of PS.Case No. -271 Year- 2017 Thana -MALSALAMI District- PATNA ====================================================== Mahesh Das, S/o Rameshwar Das @ Ramishwar Das, R/o Kauakhoh, Pathal Ghat, P.S.-Malsalami, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nityanand Kumar For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

130.400 litres of country made liquor is said to have been recovered from the bush located towards East of the Adra Ghat allegedly hailing to the petitioner and two other accused persons named in the written report.

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 with the place of recovery or with

Patna High Court Cr.Misc. No.41433 of 2018 (2) dt.11-07-2018 2/2 any trade of liquor. He has been falsely implicated in the case at the instance of his enemies. He was not apprehended on the spot. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 26.05.2018.

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 Special Judge, Excise, Patna in connection with Malsalami P.S. Case No. 271 of 2017 (Special Case No. 6912 of 2017).

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