Bali Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51035 of 2018 Arising Out of PS.Case No. -195 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ====================================================== Bali Sada, Son of Late Vrahaspati Sada, Resident of Village- Ghosdaha, P.S.- Hasanpur, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Das For the Opposite Party/s : Mr. Ajay Kumar-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 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 Sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016.

5 litres of country made liquor is said to have been recovered from the hut 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

Patna High Court Cr.Misc. No.51035 of 2018 (2) dt.20-08-2018 2/2 at the instance of his enemies. The hut of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the hut. He has no criminal antecedent. He has been languishing in custody since 30.06.2018. 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 Addl. Sessions Judge-VI cum Special Judge, Excise, Samastipur in connection with Excise Case No. 195 of 2018.

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