Jawahir Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44896 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Jawahir Chaudhary S/o late Satya Narayan Choudhary, R/o Vill.- Dindayalpur, P.S.- G.B. Nagar, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh For the Opposite Party/s :
Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with G.B. Nagar P.S. Case no. 42 of 2018 registered under Sections 272, 273, 308 of I.P.C. and Sections 30, 34, 38, 41 of Bihar Excise and Prohibition Act-2016.
5 lts. of country made liquor is said to have been recovered from the house of the petitioner and he was apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case at
Patna High Court Cr.Misc. No.44896 of 2018(2) dt.24-07-2018 2/2 the instance of his enemy. The house of the petitioner is inhabited by his other family members and he had no knowledge of keeping of liquor in the said house. Though, three more cases under Excise Act have been lodged against the petitioner, but he is on bail in the said cases. He has been languishing in custody since 22.02.2018.
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 Addl. Sessions Judge-II-cum-Special Judge, Excise, Siwan in connection with G.B. Nagar P.S. Case no. 42 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T