Patna High CourtCR. MISC./45843/2018bail granted

Jitendra Sah v. The State Of Bihar

2018-07-27Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45843 of 2018 ====================================================== Jitendra Sah, son of Sanjay Sah, resident of village- Matiyar Khurd, Ward No. 6, P.S.- Sahiyara, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar, Adv. For the Opposite Party : Smt. Veena Rani Prasadd, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

11.400 liters 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 this case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid liquor there seeing the

Patna High Court Cr.Misc. No.45843 of 2018 (02) dt.27-07-2018 - 2 - police party. The seizure list does not bear the signature of the petitioner. He has no criminal antecedent and has been languishing in custody since 11.06.2018.

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 District Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Govt. Complaint Case No. C2/321 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T