Kanchan Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37190 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Kanchan Pasi S/o Sohan Pasi @ Sahan Pasi , R/o Vill.- Mishrawalia, P.S.- Gautam Budh Nagar (G.B. Nagar), District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav For the Opposite Party/s :

Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Gautam Budh Nagar (G.B. Nagar) P.S. Case No. 100 of 2018 registered under Sections 272, 273, 308 of I.P.C. and Sections 30, 34, 36, 38 of the Bihar Prohibition and Excise Act-2016. 6 lts. of country made liquor is said to have been recovered from the house 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. He has no concern with the seized liquor. He has been falsely implicated in

Patna High Court Cr.Misc. No.37190 of 2018(4) dt.16-07-2018 2/2 this case at the instance of his enemy. The house from where the aforesaid liquor is said to have been recovered, is inhabited by several other family members of the petitioner and he had no knowledge of keeping of liquor in the said house. The seizure list does not bear the siganture of the petitioner. Though, two more criminal cases have been lodged against the petitioner, but he is on bail in the said cases. He has been languishing in custody since 20.04.2018.

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 A.D.J.-IIcum-Special Judge, Excise Act, Siwan in connection with Gautam Budh Nagar (G.B. Nagar) P.S. Case No. 100 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T