Sonelal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51331 of 2018 Arising Out of PS.Case No. -104 Year- 2018 Thana -CHAKIA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Sonelal Sahani S/o Bulla Sahani, R/o Vill.- Paithaniya Gorhiya Tola, P.S.- Chakia, District- East Champaran, Motihari.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2018 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.

40 litres of country made liquor, brewing machine and Gas Burner are said to have been recovered from the house of the petitioner and the petitioner 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 either with the seized articles or in any trade of liquor. He has been falsely implicated in the case at the instance of his enemy. He

Patna High Court Cr.Misc. No.51331 of 2018 (2) dt.21-08-2018 was not apprehended on the spot. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said articles in the house. He has no criminal antecedent. He has been languishing in custody since 31.05.2018. 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 Additional Sessions Judge-VII-cum-Special Judge, Excise, East Champaran at Motihari in connection with Chakia P.S. Case No. 104 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T