Patna High CourtCR. MISC./51362/2018bail granted

Khodi Paswan v. The State Of Bihar

2018-08-25Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51362 of 2018 Arising Out of PS.Case No. -144 Year- 2018 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Khodi Paswan S/o Nago Paswan, R/o Vill./Moh.- Singarhat, P.S.- Sohsarai (Biharsharif), District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Ajeet Kumar For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-08-2018 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 Sections 30 (a) and 38 of the Bihar Prohibition and Excise Act, 2016.

32 liters of country made liquor is said to have been recovered from the house of the petitioner and 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 with the seized liquor. He has been falsely implicated in this case at the

Patna High Court Cr.Misc. No.51362 of 2018 (02) dt.25-08-2018 - 2 - instance of his enemy. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. He was not apprehended on the spot. Though one more case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 21.07.2018.

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 Additional District and Sessions Judge-VI-cum-Special Judge Excise, Nalanda, Biharsarif in connection with Sohsarai P.S. Case No. 144 of 2018.

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