Md. Usuf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46534 of 2018 Arising Out of PS.Case No. -212 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictJAMUI ====================================================== Md. Usuf, S/o Md. Urpat Miya, R/o Village - Nagre, P.S. - Chakai, District-Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shaukat Alam For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-07-2018 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.

42.50 litres of country made liquor is said to have been recovered from the bag kept on the motorcycle and the petitioner was apprehended while another accused namely Banti Lahiri managed to escape.

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

Patna High Court Cr.Misc. No.46534 of 2018 (2) dt.31-07-2018 2/2 by the personnel of Excise department in the course of regressing to his house due to grudge while real culprit managed to escape dumping the aforesaid bag containing liquor there seeing the personnel of Excise department. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 27.06.2018.

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 2nd Addl. Sessions Judge, Jamui in connection with Jamui Excise Case No. 212C2 of 2018.

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