Nantun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1782 of 2018 Arising Out of PS.Case No. -448 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictMUZAFFARPUR ======================================================

1. Nantun Chaudhary, son of Late Shiv Charan Chaudhary, resident of Village- Muradpur, Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Dhirendra Pratap Singh For the Opposite Party/s : Smt. Anita Kumari ====================================================== 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 Excise Case No.448 of 2017 registered under Section 30 (b) of the Bihar Prohibition and Excise Act, 2016.

50 liters of toddy is said to have been recovered from the shop 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. Petitioner happens to be Pasi by caste and he had got licence for extracting toddy from the palm trees. Though the validity of the said licence has

Patna High Court Cr.Misc. No.1782 of 2018 (02) dt.24-01-2018 - 2 - now expired but petitioner being an illiterate person was not aware to get the same renewed. He has been falsely implicated in this case. He has no criminal antecedent. The petitioner has been languishing in custody since 08.12.2017.

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 Special Judge Excise, Muzaffarpur in connection with Excise Case No.448 of 2017.

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