Ramji Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54020 of 2018 Arising Out of PS.Case No. -80 Year- 2018 Thana -ARER District- MADHUBANI ====================================================== Ramji Sahani, Son of Late Thakkan Sahani, Resident of Village- Dhanga Purbari Sahani Tole, 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 31-08-2018 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.

111.600 litres of Nepali saufi wine is said to have been recovered from the hut located in the courtyard of the house of the petitioner. Petitioner is who said to be indulged in the business of liquor managed to escape seeing the police party. 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

Patna High Court Cr.Misc. No.54020 of 2018 (2) dt.31-08-2018 2/2 either with the seized liquor or any trade of liquor. He has been falsely implicated in the case at the instance of his enemy by planting aforesaid recovery from his courtyard. Copy of the seizure list does not bear signature of occupant of the house. There is violation of Section 100 Cr.P.C. He was not apprehended on the spot. Though one more criminal case under the Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 17.06.2018. 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-II cum Special Judge, Excise Act, Madhubani in connection with Arer P.S. Case No. 80 of 2018.

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