Botal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49078 of 2018 Arising Out of PS.Case No. -494 Year- 2018 Thana -SHEKHPURA District- SEKHPURA ====================================================== Botal Choudhary Son of Late Kameshwar Choudhary resident of village Kare, P.S. and District Sheikhpura.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

54 litres of foreign liquor is said to have been recovered from the house of the petitioner and the 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 the case at the instance of his enemies. The house of the petitioner is

Patna High Court Cr.Misc. No.49078 of 2018 (2) dt.10-08-2018 2/2 inhabited by several family members and he had no knowledge of keeping of the said liquor in the house. Seizure list does not bear the signature of the petitioner. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 03.07.2018.

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 1st A.D.J. Sheikhpura in connection with Excise Case No. 170 of 2018 arising out of Sheikhpura P.S. Case No. 494 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T