Manohar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51381 of 2018 Arising Out of PS.Case No. -111 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictNALANDA (BIHARSHARIFF) ====================================================== Manohar Chaudhary S/o Sri Sadhu Chaudhary, R/o Vill.- Bind, P.S.- Bind, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2018 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 47(A) and 47(F) of the Bihar Prohibition and Excise Act, 2016.

30 liters of country made liquor and 100 Kg. of raw material which was destroyed at the place of occurrence are said to have been recovered from the house of the petitioner and petitioner managed to escape.

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

Patna High Court Cr.Misc. No.51381 of 2018 (2) dt.21-08-2018 2/2 with the seized article. He has been falsely implicated in the case. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said article in the house. He was not apprehended on the spot. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 30.07.2018. 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 6th Additional Sessions Judge cum Sepcial Judge, Nalanda at Biharsharif in connection with Bail No. 111C3 of 2013.

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