Sunil Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50901 of 2018 Arising Out of PS.Case No. -303 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Sunil Chaudhari S/o Latge Chhatu Choudhary @ Chhatu Mahto R/o Narir Gir P.S. Ramgarhwa District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar No. 2 Mr. Suraj Kumar For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

18 litres of Nepali liquor is said to have been recovered from the possession 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. He has been falsely implicated in the case by the Personnel of Excise Department at the instance of his

Patna High Court Cr.Misc. No.50901 of 2018 (2) dt.20-08-2018 2/2 enemy by planting aforesaid recovery from his possession. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 04.07.2018. 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 7th A.D.J. cum Special Judge, Excise, East Champaran Motihari in connection with Excise P.S. Case No. 303 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U