Patna High CourtCR. MISC./52610/2018bail granted

Shivu Murmu v. The State Of Bihar

2018-08-27Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52610 of 2018 Arising Out of PS.Case No. -783 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictARRARIA ====================================================== Shivu Murmu, S/o Babulal Murmu, resident of village - Bari Tola, Santhali, Ward No.6, Parwaha, P.S.-Farbesganj, District - Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 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.

4.5 litres of country made liquor, one brewing machine and 90 litres of raw material are 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 either with the seized articles or any activity of brewing liquor. He

Patna High Court Cr.Misc. No.52610 of 2018 (2) dt.27-08-2018 2/2 has been falsely implicated in the case at the instance of his enemies. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said articles in the house. He has no criminal antecedent. He has been languishing in custody since 10.07.2018.

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 2nd Addl. Sessions Judge cum Special Judge, Excise Act, Araria in connection with Special Case No. 783 of 2018 arising out of Excise Case No. 30 of 2018.

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