Krishna Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49080 of 2018 Arising Out of PS.Case No. -646 Year- 2017 Thana -BARACHATTI District- GAYA ====================================================== Krishna Mandal Son of Sri Phulchand Manjhi Residence of VillageShivganj Tola, Gosai Pesra, P.S. Barachatti, Distt. Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 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 30(a), 38 and 47 of the Bihar Prohibition and Excise Act, 2016.

50 litres of country made liquor is 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 liquor. He has been falsely implicated in the case at the instance of his enemies. The house of the petitioner is inhabited by several family members and he had no knowledge of

Patna High Court Cr.Misc. No.49080 of 2018 (2) dt.10-08-2018 2/2 keeping of the said liquor in the house. He was not apprehended on the spot. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 31.05.2018.

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 Court of Special Judge, Excise Act, Gaya in connection with Barachhati P.S. Case No. 646 of 2017 (G.R. No. 2084 of 2017).

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