Dayanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47894 of 2018 Arising Out of PS.Case No. -94 Year- 2018 Thana -DIDARGANJ District- PATNA ======================================================

1. Dayanand Singh S/o Maheshwar Singh, R/o Vill.- Birpur Singar Tola, P.S.- Jurabandpur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

15.800 liters of country made liquor is said to have been recovered from the possession of the petitioner and petitioner was apprehended.

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 by the police at the instance of his enemy by planting the aforesaid

Patna High Court Cr.Misc. No.47894 of 2018 (2) dt.06-08-2018 - 2 - recovery from his possession. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 20.06.2018.

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, Patna in connection with Didarganj P.S. Case No. 94 of 2018.

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