Krishna Mohan Modi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41464 of 2018 Arising Out of PS. Case No.-118 Year-2018 Thana- SALKHUA District- Saharsa ====================================================== Krishna Mohan Modi, S/o Pradeep Modi, R/o Vill-Teliyahat, P.S. Salkhua (Banma Itahari O.P.), Distt-Saharsa.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suneil Kumar Thakur For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Salkhua (Banma Itahari O.P.), P.S. Case No. 118 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act 2016.
5.25 lts. of foreign liquor is said to have been recovered from godown of the petitioner, his brother and father and petitioner was apprehended while the aforesaid two accused persons managed to escape.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the
Patna High Court Cr.Misc. No.41464 of 2018(2) dt.11-07-2018 2/2 seized liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his godown. Though, one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 28.05.2018. 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 Judge, Excise, Saharsa in connection with Salkhua (Banma Itahari O.P.), P.S. Case No. 118 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T