Sanjiwan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41885 of 2018 Arising Out of PS.Case No. -211 Year- 2018 Thana -BUDDHACOLONY District- PATNA ====================================================== Sanjiwan Chaudhary, Son of Late Ramji Chaudhary, resident of village - Patna City, Jamunapur, Goraiya Asthan, P.S.-Malsalami, District-Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 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 Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
25 litres of toddy is said to have been recovered from the rented room 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 either with the seized toddy or with the place of recovery. He has been falsely implicated in the case at the instance of his enemies.
Patna High Court Cr.Misc. No.41885 of 2018 (2) dt.12-07-2018 2/2 He has not taken the said room on rent. He has no criminal antecedent. He has been languishing in custody since 07.06.2018. 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 Special Judge, Excise, Patna in connection with Special Case No. 5253 of 2018 (arising out of Budha Colony P.S. Case No. 211 of 2018). (Prakash Chandra Jaiswal, J) Mishra/- U T