Patna High CourtCR. MISC./45365/2018bail granted

Abdhesh Chaudhari v. The State Of Bihar

2018-07-26Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.45365 of 2018 (2) dt.26-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45365 of 2018 Arising Out of PS.Case No. -112 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictNALANDA (BIHARSHARIFF) ====================================================== Abdhesh Chaudhari, son of Tunna Chaudhari, resident of village Bena, P.S. Bena, District Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raj Kishor Prasad, Adv. For the Opposite Party : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 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 47 (a) of the Bihar Excise Act, 2016.

25 liters of country made liquor is said to have been recovered from the house of the petitioner.

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. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the

Patna High Court Cr.Misc. No.45365 of 2018 (2) dt.26-07-2018 spot. He has no criminal antecedent and has been languishing in custody since 09.06.2018.

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 Additional District and Sessions Judge-VI-cum-Special Judge Excise, Nalanda at Biharsharif in connection with Case No.112(C) Excise of 2013.

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