Chandan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20739 of 2018 Arising Out of PS.Case No. -100 Year- 2017 Thana -HARLAKHI District- MADHUBANI ====================================================== Chandan Thakur S/o Baidynath Thakur @ Pahari , R/v Umgaon, P.S.- Harlakhi, Distt.- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate. For the Opposite Party/s : Mr. Yogendra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Harlakhi P.S. Case No. 100 of 2017 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

45 litres of Nepali saufi wine is said to have been kept by the petitioner and two other accused persons in the mango orchard located towards south of the house of Sudhir Das and the petitioner managed to escape.

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 either with the seized liquor or with the place of recovery. He has

Patna High Court Cr.Misc. No.20739 of 2018 (2) dt.16-04-2018 2/2 been falsely implicated in the case at the instance of his enemies. He was not apprehended on the spot. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 07.03.2018.

Considering the facts aforesaid, 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 A.D.J.-II, Madhubani in connection with Harlakhi P.S. Case No. 100 of 2017 (G.R. Case No. 141 of 2017).

(Prakash Chandra Jaiswal, J) Mishra/- U