Sri Mallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19898 of 2018 Arising Out of PS.Case No. -84 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ======================================================

1. Sri Mallah, S/o Late Yogeshwar Mallah, resident of Village- Usewa, P.S. Gurua, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-04-2018 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.

20 liters of country made liquor is said to have been recovered from the possession 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 rather from the field. He has been falsely implicated in this case at the instance of his enemy. He has no concern either with the seized liquor or the

Patna High Court Cr.Misc. No.19898 of 2018 (02) dt.27-04-2018 2/ 2 place of recovery. He has no criminal antecedent and has been languishing in custody since 22.02.2018.

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, Gaya in connection with Excise Case No.84 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T