Harishankar Mistry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38362 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -MEDANICHOWK District- LAKHISARAI ====================================================== Harishankar Mistry, Son of Yogendra Vishwakarma @ Yogendra Mistry, Resident of Village:- Medni Chauki, P.S.:-Medni Chauki, District:- Lakhisarai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 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(1) of the Bihar Prohibition and Excise Act, 2016.
5 liters of country made liquor 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
Patna High Court Cr.Misc. No.38362 of 2018 (02) dt.02-07-2018 - 2 - possession. He has no criminal antecedent and has been languishing in custody since 30.04.2018.
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 and Sessions Judge-II-cum-Special Judge (Excise), Lakhisarai in connection with Medni Chauki P.S. Case No. 30 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T