Md. Naimuddin @ Md. Mainuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43113 of 2018 ====================================================== Md. Naimuddin @ Md. Mainuddin, Son of Shekh Auhid, resident of Village- Asogi, Ward No.-2, P.S.- Bairgania, district- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

18 litres of Nepali saufi wine is said to have been recovered from the possession of the petitioner. 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 liquor. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since

Patna High Court Cr.Misc. No.43113 of 2018 (2) dt.18-07-2018 2/2 17.06.2018.

Considering the facts aforesaid, 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 Judge-II -cum- Special Judge, Excise Act, Sitamarhi in connection with Case No. C2/332 of 2018.

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