Patna High CourtCR. MISC./53270/2018bail granted

Dashrath Sahni v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53270 of 2018 Arising Out of PS.Case No. -219 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ====================================================== Dashrath Sahni S/o Parmeshwar Sahni, R/o Vill.- Chamarbadha, P.S.- Khanpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== 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 a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

5 litres of country made liquor is said to have been recovered from the hut 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 liquor or any trade of liquor. He has been

Patna High Court Cr.Misc. No.53270 of 2018 (2) dt.29-08-2018 falsely implicated in the case at the instance of his enemy. The hut of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the hut. He has no criminal antecedent. He has been languishing in custody since 26.07.2018.

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 Additional Sessions Judge 6th Cum Special Judge, Excise Act, Samastipur, in connection with Excise Case No. 219 of 2018.

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