Shivji Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46847 of 2018 Arising Out of PS.Case No. -164 Year- 2018 Thana -BAJPATTI District- SITAMARHI ====================================================== Shivji Chaudhary, S/o. Late Mahindra Chaudhary, Resident of VillageBajitpur, P.O.- Bajiputur, P.S.- Bajpatti, District- Sitamarhi (Bihar). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Zainul Abedin (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 Sections 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. 18 liters of foreign liquor is said to have been recovered from the house of the petitioner and petitioner was apprehended during the course of escaping from the said house. 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 at the instance of his enemy. The house of the petitioner is inhabited by his several family members
Patna High Court Cr.Misc. No.46847 of 2018 (2) dt.01-08-2018 and he had no knowledge of keeping of the said liquor in the house. He has no criminal antecedent and has been languishing in custody since 25.06.2018.
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- IInd -cum-Special Judge Excise Act, Sitamarhi in connection with Bajpatti P.S. Case No. 164 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T