Ramesh Chauhan @ Bhura v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45933 of 2018 Arising Out of PS.Case No. -158 Year- 2018 Thana -BYPASS District- PATNA ======================================================
1. Ramesh Chauhan @ Bhura Son of late Lakshmi Chauhan Resident of East Indira Nagar, Police Station- Kankarbagh in the district of Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-07-2018 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 420/34 of the Indian Penal Code and Sections 30 (a) & 37(c) of the Bihar Prohibition and Excise Act, 2016.
Huge quantity of foreign liquor is said to have been recovered from the Pick Up Van and driver of the said vehicle was apprehended and the petitioner and co-accused, namely, Ajit Chauhan were also apprehended in the course of following the said vehicle on motorcycle.
It is submitted by learned counsel for the petitioner that no
Patna High Court Cr.Misc. No.45933 of 2018 (2) dt.30-07-2018 incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the vehicle in question. He has been falsely implicated in this case by the police merely on suspicion while he was unfortunately proceeding by the motorcycle behind the aforesaid Pick Up Van along with his brother Ajit Chauhan who was driving the said motorcycle. He has no criminal antecedent and has been languishing in custody since 25.05.2018. 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 Act, Patna in connection with By-Pass P.S. Case No. 158 of 2018 (Special Case No. 4956 of 2018).
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T