Jitendra Ravidas v. The State Of Bihar

Patna High Court Cr.Misc. No.47842 of 2018 (2) dt.06-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47842 of 2018 Arising Out of PS.Case No. -480 Year- 2015 Thana -GAYA MUFFSIL District- GAYA ====================================================== Jitendra Ravidas, S/o. Nandlal Ravidas, R/o. Village- Surhari, P.S.- Mufassil, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Shantanu Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2018 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 47 (A) of the Bihar Prohibition and Excise Act, 2016. 395 liters of country made liquor is said to have been recovered from the hut of Buchan Chaudhary and petitioner is named in the occurrence by the villagers during the course of investigation.

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 either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case due to dirty

Patna High Court Cr.Misc. No.47842 of 2018 (2) dt.06-08-2018 village politics. He was not apprehended on the spot. There is violation of Section 100 Cr.P.C. Though two more cases under the Excise Act have been lodged against the petitioner but he is on bail in the said cases. He has been languishing in custody since 30.06.2018.

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 Special Judge Excise Act, Gaya in connection with Muffasil P.S. Case No. 480 of 2015.

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