Ishwar Dhari @ Ishwar Dhadhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50032 of 2018 Arising Out of PS.Case No. -190 Year- 2018 Thana -GOVT. OFFICIAL COMPLAINT CASE District- SEKHPURA ====================================================== Ishwar Dhari @ Ishwar Dhadhi son of Late Jiwachh Dhari, resident of Village- Mehush, Police Station- Mehush, District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilendu Kumar Choudhary For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-08-2018 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.

25 liters of country made liquor is said to have been recovered from behind the house 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 either with the seized liquor or the place of recovery. Place of recovery is

Patna High Court Cr.Misc. No.50032 of 2018 (2) dt.14-08-2018 2/2 open place and easily accessible to anyone. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 31.07.2018.

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 1st Additional District and Sessions Judge, Sheikhpura in connection with Excise Case No. 190C2 of 2018.

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