Patna High CourtCR. MISC./49840/2018bail granted

Ratan Mukhiya v. The State Of Bihar

2018-08-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49840 of 2018 Arising Out of PS.Case No. -194 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ====================================================== Ratan Mukhiya, son of Ram Bilas Mukhiya, resident of village Dhaboliya, Police Station Hasanpur, District Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-08-2018 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) and 38 (i) of the Bihar Prohibition and Excise Act, 2016.

17 liters of country made liquor is said to have been recovered from the hut 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 at the instance of his enemy. The hut of the petitioner is inhabited by his

Patna High Court Cr.Misc. No.49840 of 2018 (02) dt.13-08-2018 - 2 - several family members and he had no knowledge of keeping of the said liquor in the hut. He has no criminal antecedent and 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 Additional Sessions Judge-VI-cum-Special Judge Excise Act, Samastipur in connection with Excise Case No.194 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T