Patna High CourtCR. MISC./43306/2018bail granted

Dilip Sah v. The State Of Bihar

2018-07-18Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43306 of 2018 ====================================================== Dilip Sah, Son of Chhedi Sah, resident of village - Korigama, P.S.-Baheri, District - Darbhanga (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Prakash Mishra For the Opposite Party/s : Mr. Dasrath Mahto ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

158.12 litres of foreign liquor is said to have been recovered from the orchard of Phulo Singh which is said to have been kept there by the petitioner and other accused persons. 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. Place of recovery is open place and is easily accessible to anyone. He was not apprehended on the spot. Identity and genuiness of the source

Patna High Court Cr.Misc. No.43306 of 2018 (2) dt.18-07-2018 2/2 of information has not bee mentioned in the self-statement of the informant. He has been falsely implicated in the case. 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 27.06.2018.

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 4th Addl. Sessions Judge cum Special Judge, Excise, Darbhanga in connection with Bahadurpur P.S. Case No. 144 of 2018.

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