Shambhu Modi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47022 of 2018 ======================================================
1. Shambhu Modi son of late Ganesh Modi resident of village Harnaha, P.S. & Dist. Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
On the request of learned counsel for the petitioner, he is permitted to make necessary correction in the quantity of liquor in para-6 of the petition during the course of day. The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
39 liters of country made and foreign liquor is said to have been recovered from the possession of the petitioner and petitioner was apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.47022 of 2018 (4) dt.07-08-2018 2/2 conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case at the instance of his enemy by planting aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 13.05.2018.
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 Additional Sessions Judge 2nd, Jamui in connection with case No. 176 C2 of 2018.
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T