Patna High CourtCR. MISC./42556/2018bail granted

Ram Vinay Gupta v. The State Of Bihar

2018-07-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42556 of 2018 Arising Out of PS.Case No. -110 Year- 2018 Thana -SITAMARHI GRP CASE DistrictSITAMARHI ====================================================== Ram Vinay Gupta, Son of Choa Sah, R/o Village - Bhakurahar, P.S.- Bairgania, District-Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Ram Bachan 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 a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

18 litres of Nepali saufi wine is said to have been recovered from the possession of the petitioner at Platform No.1 of Bairgania Railway Station.

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 by planting aforesaid recovery from

Patna High Court Cr.Misc. No.42556 of 2018 (2) dt.16-07-2018 2/2 his possession. Though aforesaid liquor was seized on 03.06.2018, but the copy of the seizure list was furnished on the following day i.e. on 04.06.2018. There is violation of Section 100 Cr. P.C. He has no criminal antecedent. He has been languishing in custody since 05.06.2018.

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 A.D.J.-II cum Special Judge, Excise Act, Sitamarhi in connection with Rail P.S. Darbhanga Case No. 110 of 2018.

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