Bideshi Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54269 of 2018 Arising Out of PS.Case No. -686 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHABHUA (KAIMUR) ======================================================
1. Bideshi Bind S/o Late Badri Bind, R/o Vill.- Bhagwanpur, P.S.- Chainpur, District- Kaimur Bhabhua.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 31-08-2018 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.
6.480 liters of foreign liquor is said to have been recovered from the tempo and the petitioner sitting on the said tempo 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 with the seized liquor. He has been falsely implicated in this at the instance
Patna High Court Cr.Misc. No.54269 of 2018 (02) dt.31-08-2018 - 2 - of his enemy. He happens to be a simple commuter and had no knowledge of keeping of the said liquor in the tempo while the real culprit managed to escape leaving the aforesaid liquor in the tempo seeing the police personnel. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 02.08.2018.
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 Special Judge Excise, Kaimur at Bhabhua in connection with Excise P.S. Case No.686 of 2018, arising out of P.R. No.2/18-19. (Prakash Chandra Jaiswal, J) Trivedi/- U T