Munna Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45397 of 2018 Arising Out of PS.Case No. -217 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ====================================================== Munna Chaudhary S/o Sri Paras Nath Chaudhary, R/o Vill.- Khanda, P.S.- Sasaram (M), Distt.- Rohtas.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Kamla Kant Pandey, Adv. For the Opposite Party : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 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.
34.560 liters of foreign liquor is said to have been recovered from the Sale Centre of the petitioner and 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 either with the seized liquor or the place of recovery or any trade of
Patna High Court Cr.Misc. No.45397 of 2018 (2) dt.26-07-2018 liquor. The place of recovery is an open place and easily accessible to anyone. He has been falsely implicated in this case by the personnel of the Excise Department when he was passing through the place of occurrence at the time of occurrence. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 18.06.2018. 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, Rohtas, Sasaram in connection with Excise Case No. 217 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T