Patna High CourtCR. MISC./53150/2018bail granted

Guddu Kumar v. The State Of Bihar

2018-08-29Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53150 of 2018 Arising Out of PS. Case No.-280 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Guddu Kumar, S/o Sri Jagdish Chaudhary, R/o Vill-Lal Bazar, P.S. Chapra Muffasil, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Narendra Kumar For the Opposite Party/s :

Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Chapra Muffasil P.S. Case no. 280 of 2018 registered for the offence punishable under Sections 30, 38, 41 of Bihar Excise and Prohibition Act-2016.

55 lts. of country made liquor is said to have been recovered from the house of the petitioner and he was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. The house of the petitioner is inhabited by his

Patna High Court Cr.Misc. No.53150 of 2018(2) dt.29-08-2018 2/2 several other family members and he had no knowledge of keeping of liquor in the house by someone. The seizure list does not bear the signature of the petitioner. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 14.07.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-VI-cum-Special Judge, Excise Act, Saran at Chapra in connection with Chapra Muffasil P.S. Case no. 280 of 2018.

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