Patna High CourtCR. MISC./1848/2018bail granted

Kanhaiya Singh v. The State Of Bihar

2018-01-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1848 of 2018 Arising Out of PS.Case No. -25 Year- 2017 Thana -TARIYANI CHAPRA PS District- SHEOHAR ======================================================

1. Kanhaiya Singh Son of Binod Singh Resident of Village - Bishambharpur, P.S. Tariyani, Chapra, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar, Adv. For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Tariyani Chhapra P.S. Case No. 25 of 2017 registered under Section 30 (a) & 33 of the Bihar Prohibition and Excise Act, 2016.

18.9 liters of foreign liquor is said to have been recovered and seized by the police on the road in course of loading the same on two motorcycles by three miscreants and one of them, namely, petitioner was apprehended while two managed to escape. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has been falsely implicated in this case at the instance of his enemies. He

Patna High Court Cr.Misc. No.1848 of 2018 (02) dt.24-01-2018 - 2 - has no concern with the seized liquor. He has no criminal antecedent. The petitioner has been languishing in custody since 15.12.2017.

In the facts and circumstances of the case, 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 1stAdditional Sessions Judge, Sheohar in connection with Tariyani Chhapra P.S. Case No. 25 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T