Dinesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35118 of 2018 ====================================================== Dinesh Sah, Son of Late Daroga Sah, Resident of Village- Sariya, P.S.- Barhara (Krishnagarah), District- Bhojpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 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 Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.
26.640 litres of foreign liquor is said to have been recovered from beneath the cot lying in the vegetable shop 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 the case at the instance of his enemies due to business rivalry by planting
Patna High Court Cr.Misc. No.35118 of 2018 (2) dt.22-06-2018 2/2 aforesaid article at the place of occurrence. He had no knowledge of keeping of the said liquor beneath his cot. He has no criminal antecedent. He has been languishing in custody since 27.04.2018. 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 cum A.D.J.-IV, Bhojpur, Ara in connection with Excise Case No. 740 of 2018 arising out of Barhara (Krishnagarh) P.S. Case No. 160 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T