Patna High CourtCR. MISC./44669/2018bail granted

Shankar Pasi v. The State Of Bihar

2018-07-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44669 of 2018 Arising Out of PS.Case No. -189 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ======================================================

1. Shankar Pasi S/o Late Lali Mahto, R/o Vill.- Siropatti, P.S.- Khanpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Choudhary Shyam Nandan For the Opposite Party/s : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 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 30 (a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.

18 liters of country made 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.44669 of 2018 (2) dt.24-07-2018 - 2 - liquor. He has been falsely implicated in this case by the personnel of the Excise Department while he was passing through the place of occurrence at the time of occurrence. He has no criminal antecedent and has been languishing in custody since 27.06.2018. 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 Sessions Judge-VI -cum-Special Judge Excise Act, Samastipur in connection with Excise Case No. 189 of 2018.

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