Hiralal Sahni @ Hira Lal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42899 of 2018 ====================================================== Hiralal Sahni @ Hira Lal Sahani, Son of Late Kodai Sahani, resident of village - Chand Parana Bankul, P.S.-Minapur, District-Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2018 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 272 and 273 of the Indian Penal Code and Sections 30(a), 38, 41 and 48 of the Bihar Prohibition and Excise Act, 2016.

7 litres of rotten jaggery is said to have been recovered from the field located behind the house 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 either with the seized article or with the place of recovery. Place of recovery is open place and is easily accessible to anyone. He has been falsely implicated in the case at the instance of his enemies.

Patna High Court Cr.Misc. No.42899 of 2018 (2) dt.17-07-2018 2/2 He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 25.06.2018. 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, Muzaffarpur in connection with Minapur P.S. Case No. 103 of 2018.

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