Patna High CourtCR. MISC./25404/2018bail granted

Md. Arsad @ Md. Chhotu v. The State Of Bihar

2018-05-02Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25404 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -KHAJEKALA District- PATNA ====================================================== Md. Arsad @ Md. Chhotu S/o Late Golden, R/o City Court Nauzal Ghat Inside, P.S.- Khajekalan, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 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 290 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 99 litres of country made liquor is said to have been recovered from the wooden trolley and the petitioner who is said to be the owner of the said trolley was apprehended. 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 said trolley. He has been falsely implicated in the case by the police merely on suspicion

Patna High Court Cr.Misc. No.25404 of 2018 (2) dt.02-05-2018 2/2 while he was passing through the place of occurrence at that time and driver of the said trolley managed to escape seeing the police party. He has no criminal antecedent. He has been languishing in custody since 24.01.2018.

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 Special Judge, Excise, Patna in connection with Khajekalan P.S. Case No. 10 of 2018.

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