Patna High CourtCR. MISC./45222/2018bail granted

Bhutta @ Bhuta @ Lal Babu Chaudhary v. The State Of Bihar

2018-07-25Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.45222 of 2018 (2) dt.25-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45222 of 2018 Arising Out of PS.Case No. -89 Year- 2018 Thana -PAKRIDAYAL District- EASTCHAMPARAN (MOTIHARI) ====================================================== Bhutta @ Bhuta @ Lal Babu Chaudhary, S/o. Chaturi Chaudhary, R/o. Village- Bokane kala, P.S. Patahi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== 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 & 353 of the Indian Penal Code and Sections 30, 34 & 38 of the Bihar Prohibition and Excise Act, 2016.

30 liters of toddy is said to have been recovered from the rented house of the petitioner and the petitioner managed to escape.

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 with the seized toddy. He has been falsely implicated in this case at the

Patna High Court Cr.Misc. No.45222 of 2018 (2) dt.25-07-2018 instance of his enemy by planting the said recovery from his rented house. He was not apprehended on the spot. He has no criminal antecedent and has been languishing in custody since 24.06.2018.

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 Special Judge Excise Act, Motihari, East Champaran in connection with Pakaridayal P.S. Case No. 89 of 2018.

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