Patna High CourtCR. MISC./48106/2018bail granted

Vinod Sahani v. The State Of Bihar

2018-08-23Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.48106 of 2018 (3) dt.23-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48106 of 2018 Arising Out of PS.Case No. -299 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Vinod Sahani son of Vindeshwari Sahni Resident of Village - Mahuawa, Police Station - Dhaka, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 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.

345 liters of Nepali wine is said to have been recovered from the jute bags loaded on the boat and the petitioner who happens to be sailor was apprehended.

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. The petitioner happens to be simple sailor and

Patna High Court Cr.Misc. No.48106 of 2018 (3) dt.23-08-2018 was carrying the jute bags on his boat as per instruction of one Rakesh Kumar Yadav on the freight of Rs.600/- without any knowledge of keeping the liquor in the said bags. He has no criminal antecedent and has been languishing in custody since 29.06.2018.

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, Motihari, East Champaran in connection with Excise Case No. 299 of 2018.

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