Gautam Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36821 of 2018 Arising Out of PS.Case No. -183 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictJAMUI ====================================================== Gautam Kumar Sah, Son of Ganesh Sah, resident of Village- Hasdih, Police Station- Jamui, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-07-2018 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.

134.64 litres of foreign liquor is said to have been recovered from the business place 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 either with the seized liquor or with the place of recovery. There is nothing in the record indicating as to who disclosed that the

Patna High Court Cr.Misc. No.36821 of 2018 (4) dt.23-07-2018 2/2 aforesaid place is hailing to the petitioner. Petitioner has been falsely implicated in the case by the personnel of Excise department as he is working as labourer in the sweet shop located in the vicinity of the place of occurrence. He has no criminal antecedent. He has been languishing in custody since 19.05.2018. 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, Jamui in connection with Excise Case No. 183C2 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T