Patna High CourtCR. MISC./43805/2018bail granted

Rajendra Sah v. The State Of Bihar

2018-07-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43805 of 2018 Arising Out of PS.Case No. -13 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHEPURA ====================================================== Rajendra Sah, S/o. Late Awadh Sah a resident of Village- Sahugadh Tola Janki, P.S. Madhepura, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

49.545 lts. of foreign liquor is said to have been recovered from the house of the petitioner and one of the sons of the petitioner, namely, Bikram Kumar was apprehended. 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 seized liquor. He has been falsely implicated in this case at the instance of his enemies. The house of the petitioner is inhabited

Patna High Court Cr.Misc. No.43805 of 2018 (2) dt.20-07-2018 2/2 by his several other family members and he had no knowledge of keeping of aforesaid liquor in the said house. He was not apprehended on the spot. Though, several criminal cases have been lodged against the petitioner, but he is on bail in the said cases. He has been languishing in custody since 05.06.2018. Aforesaid Bikram Kumar has been enlarged on bail by a coordinate Bench of this Court vide order dated 15.03.2018 passed in Cr. Misc. no. 14837 of 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 A.D.J.-II cum Special Judge, Excise Act, Madhepura, in connection with Excise Case No. 13 of 2018.

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