Jitendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35596 of 2018 Arising Out of PS.Case No. -238 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAHARSA ======================================================

1. Jitendra Choudhary, Son of Ashok Choudhary, Resident of VillageBarakurba, Ward No 6, Police Station- Bakhtiyarpur, District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 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.

2 liters of country made and 6 litres of foreign liquor is said to have been recovered from the house of the petitioner and the petitioner 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 with the seized liquor. He has been falsely implicated in this case at the

Patna High Court Cr.Misc. No.35596 of 2018 (02) dt.28-06-2018 - 2 - instance of his enemy by planting the aforesaid recovery from his possession. He has no criminal antecedent and has been languishing in custody since 06.05.2018.

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 Act, Saharsa in connection Special Excise Case No.238 of 2018.

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