Chotu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38282 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Rohtas ====================================================== Chotu Chauhan, S/o Sri Shankar Singh, R/o Village- Wajirganj, P.S.- Mufassil Sasaram, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Nagendra Prasad For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case no. 147 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act-2016.

46.440 lts. of foreign liquor is said to have been recovered from motorcycle of the petitioner and he was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. Petitioner has no concern either with the seized liquor or with the motorcycle in question. He has been falsely implicated in this case by the police while

Patna High Court Cr.Misc. No.38282 of 2018(2) dt.02-07-2018 2/2 he was passing through the place of occurrence at the time of occurrence and real culprits managed to escape seeing the police party leaving the aforesaid liquor laden motorcycle there. He has no criminal antecedent. He has been languishing in custody since 26.04.2018.

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 Addl. Sessions Judge-II-cum-Special Judge, Excise, Sasaram, District-Rohtas in connection with Excise Case no. 147 of 2018.

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