Omkar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53210 of 2018 Arising Out of PS.Case No. -219 Year- 2018 Thana -GHORASAHAN DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Omkar Jaiswal son of Ramdeo Prasad, resident of Village- Adarsh Nagar, P.S.- Ghorasahan, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== 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, 273, 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

18 litres of Nepali saufi wine is said to have been recovered from the house of the petitioner at the instance of the co-accused, namely, Arkesh Giri.

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.53210 of 2018 (2) dt.29-08-2018 2/2 falsely implicated in the case at the instance of his enemy. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. He was not apprehended on the spot. There is violation of Section 100 Cr.P.C. He has been languishing in custody since 30.07.2018. Though two more criminal cases under the Excise Act have been lodged against the petitioner, but he is on bail in the aforesaid cases.

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 Special Judge, Excise, Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 219 of 2018.

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