Patna High CourtCR. MISC./16312/2018bail granted

Banarasi Chaudhary v. The State Of Bihar

2018-03-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16312 of 2018 Arising Out of PS.Case No. -127 Year- 2017 Thana -BASANTPUR District- SIWAN ======================================================

1. Banarasi Chaudhary, Sn of Late Bhola Chaudhary, Resident of VillageBasao Naya Tola, P.S.- Basantpur, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Madhuri Lata For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Basantpur P.S. Case No. 127 of 2017 registered under Sections 272, 273 & 308 of the Indian Penal Code and Section 30 (a) (d) of the Bihar Prohibition and Excise Act, 2016.

135 liters raw material is said to have been recovered from the field of several persons and petitioner is said to be involved in the brewing and vending of the said liquor. 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 been

Patna High Court Cr.Misc. No.16312 of 2018 (02) dt.21-03-2018 2/ 2 falsely implicated in this case. He has no concern with the seized liquor or the place of recovery. He was not apprehended on the spot. Though one criminal case is pending against the petitioner but he is on bail in the said case. He has been languishing in custody since 30.11.2017.

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 A.D.J.-II, Siwan in connection with Basantpur P.S. Case No.127 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T