Ramji Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53190 of 2018 Arising Out of PS.Case No. -65 Year- 2018 Thana -ARER District- MADHUBANI ====================================================== Ramji Sahani Son of Late Thakkan Sahani, Resident of Village- Dhanga Purbaritole, P.S. Arer, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Dinesh Singh ====================================================== 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 Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

183.900 litres of Nepali saufi wine is said to have been recovered from the bush located behind the house of the petitioner.

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 with the place of recovery. The place of recovery is open place and easily accessible to anyone

Patna High Court Cr.Misc. No.53190 of 2018 (2) dt.29-08-2018 2/2 and he had no knowledge of keeping of the said liquor there. He was not apprehended on the spot. He has been falsely implicated in the case at the instance of his enemy. He has been languishing in custody since 02.07.2018.

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 Session Judge II Cum Special Judge Excise Act, Madhubani in connection with Arer P.S. Case No. 65 of 2018, G.R. No. 615 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T