Ujjawal Kumar Chaudhary @ Ujjawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53231 of 2018 Arising Out of PS.Case No. -172 Year- 2018 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Ujjawal Kumar Chaudhary @ Ujjawal Kumar, son of Ram Kumar Chaudhary, resident of Village- Kharauna, P.S. Kurhani (Turki O.P.), District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Singh For the Opposite Party/s : Smt Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 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)/35(A) of the Bihar Prohibition and Excise Act, 2016.

315 litres of foreign liquor is said to have been recovered from the Bolero and the petitioner was apprehended. 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 vehicle in question. He has been falsely implicated in this case by the police merely on suspicion while he was passing through the place of occurrence at

Patna High Court Cr.Misc. No.53231 of 2018 (2) dt.29-08-2018 2/2 the time of occurrence while the driver of the said vehicle managed to escape leaving liquor laden vehicle there seeing the police personnel. Though one more criminal case under the Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 13.07.2018.

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 2nd Additional Sessions Judge-Cum- Special Judge Excise,Vaishali at Hajipur in connection with Vaishali (Belsar O.P.) P.S. Case No. 172 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T