Manoj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52569 of 2018 Arising Out of PS.Case No. -429 Year- 2018 Thana -SUPAUL District- SUPAUL ====================================================== Manoj Chaudhary, S/o. Late Raghunath Chaudhary, R/o. Village- bhelahi, P.S.- Supaul, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

172 litres of foreign liquor is said to have been recovered from the rented shop of the petitioner located in the house of Jamir Ansari and the petitioner is said to have been apprehended in the said shop.

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 place of recovery. He has been falsely implicated in the case at the instance of the owner of

Patna High Court Cr.Misc. No.52569 of 2018 (2) dt.27-08-2018 2/2 the house, namely, Jamir Ansari in course of proceeding to see his ailing nephew admitted in the hospital located in the vicinity of the place of occurrence. He has no criminal antecedent. 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 Additional Sessions Judge-II, Supaul in connection with S.T. Excise No. 547 of 2018 arising out of Supaul P.S. Case No. 429 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T