Patna High CourtCR. MISC./44421/2018bail granted

Shankar Chaudhary v. The State Of Bihar

2018-08-06Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44421 of 2018 Arising Out of PS. Case No.-132 Year-2018 Thana- ATRI District- Gaya ====================================================== Shankar Chaudhary, S/o Lakhan Chaudhary, resident of Village- Sahoda, P.S.- Atri, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Atri P.S. Case no. 132 of 2018 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016. 3 lts. of country made liquor is said to have been recovered from the house of the petitioner and he was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case.

Patna High Court Cr.Misc. No.44421 of 2018(3) dt.06-08-2018 2/2 The house of the petitioner is inhabited by his several other family members and he had no knowledge of keeping of liquor in the said house. There is no compliance of Section 100 Cr.P.C. He has no criminal antecedent. He 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 bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya in connection with Atri P.S. Case no. 132 of 2018.

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