Barjun Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46838 of 2018 Arising Out of PS.Case No. -245 Year- 2018 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Barjun Tiwary, S/o. Parshuram Tiwary, Resident of Village Hulash, P.S.- Gore Kothi, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Surendra Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 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 Section 37 (B) (C) of the Bihar Prohibition and Excise Act, 2016.

The petitioner is said to have been apprehended in inebriated condition.

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 happens to be teetotaler and he had never consumed liquor. He has been falsely implicated in this case by the police at the instance of his enemy. Though one more case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been

Patna High Court Cr.Misc. No.46838 of 2018 (2) dt.01-08-2018 languishing in custody since 07.05.2018.

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 2nd Additional Sessions Judge-cum-Special Judge, Siwan in connection with Siwan Muffasil P.S. Case No. 245 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T