Bachchu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52773 of 2018 Arising Out of PS.Case No. -71 Year- 2018 Thana -SHYAMPUR BHATHA District- SHEOHAR ====================================================== Bachchu Sahni, Son of Late Bilas Sahni, resident of village - Parsauni, P.S.-Phenahara, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-08-2018 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 37(b) of the Bihar Prohibition and Excise Act, 2016 and Section 185 of M.V. Act. 20 litres of toddy is said to have been recovered from the motorcycle of the petitioner and the petitioner was apprehended in inebriated condition.

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 toddy. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his possession. He had not consumed any liquor. He happens to be

Patna High Court Cr.Misc. No.52773 of 2018 (2) dt.27-08-2018 2/2 teetotaller. Seizure list does not bear the signature of the petitioner. There is violation of Section 100 Cr.P.C. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 21.07.2018.

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 A.D.J.-I cum Special Judge, Sheohar in connection with Bhataha P.S. Case No. 71 of 2018.

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