Lalan Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47940 of 2018 Arising Out of PS.Case No. -239 Year- 2016 Thana -IMAMGANJ District- GAYA ====================================================== Lalan Bharti, Son of Late Chamari Bharti, resident of Village- Badrki, Parasia, P.S. Imamganj, Dist.- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

8 litres of country made liquor and 5 Kg of Jawa Mahua are said to have been recovered from the house 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 article. He has been falsely implicated in the case

Patna High Court Cr.Misc. No.47940 of 2018 (2) dt.06-08-2018 2/2 at the instance of his enemies. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the aforesaid article in the house. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 15.05.2018.

Considering the facts aforesaid, 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, Gaya in connection with Imamganj P.S. Case No. 239 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T