Bablu Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45126 of 2018 Arising Out of PS.Case No. -384 Year- 2018 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Bablu Ansari, S/o. Kaimuddin Ansari, R/o. Village- Islamganj Awari, P.S.- Mohania, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan Mr. Suraj Kumar, Advocate For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2018 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.

6.750 liters of foreign liquor is said to have been recovered from near Mohania bus stand which is to have been kept there by 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. The place of recovery is an open place and easily accessible to anyone. He has

Patna High Court Cr.Misc. No.45126 of 2018 (2) dt.25-07-2018 been falsely implicated in this case by the police merely on suspicion while he had gone there to take bus. He has no criminal antecedent and has been languishing in custody since 24.04.2018. 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, Kaimur at Bhabua in connection with Excise Case No. 586 of 2018 arising out of Mohania P.S. Case No. 384 of 2018.

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