Bauna Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45333 of 2018 ====================================================== Bauna Sahni S/o Gomad Sahni, R/o Vill.- Nakhash, Machhuatoli, P.S.- Malsalami, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party : Mr. Iftekhar Mahmood, A.P.P.- 202 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 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.

18 liters of country made liquor is said to have been recovered from the possession of the petitioner. 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 with the seized liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. He has no

Patna High Court Cr.Misc. No.45333 of 2018 (3) dt.01-08-2018 criminal antecedent and has been languishing in custody since 07.05.2018.

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 Special Judge, Excise, Patna in connection with Special Case No. 4335 of 2018 arising out of P.R.P.S. Case No. 29 of 2018.

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