Laxman Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45199 of 2018 Arising Out of PS.Case No. -76 Year- 2018 Thana -ROSHANGAANJ District- GAYA ======================================================
1. Laxman Chaudhary son of Late Tetar Chaudhary, resident of VillageBhoktauri, P.S. Bankey Bazar, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya ====================================================== 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 Sections 272 & 273 of the Indian Penal Code and Sections 30 (a) (c) and (d) of the Bihar Prohibition and Excise Act, 2016.
6 liters of country made liquor, instruments for brewing the liquor and cash of Rs.27,765/- were recovered from the bank of Harahi river and petitioner was apprehended in course of escaping from the said place.
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 and money or the place of recovery or any
Patna High Court Cr.Misc. No.45199 of 2018 (02) dt.25-07-2018 activity of brewing liquor. He has been falsely implicated in this case by the police while he had gone to attend the call of nature there. He has no criminal antecedent and has been languishing in custody since 30.05.2018.
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 Special Judge Excise, Gaya in connection with Roshanganj (Bankey Bazar) P.S. Case No.76 of 2018.
(Prakash Chandra Jaiswal, J) Trivedi/- U T