Jaymangal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44997 of 2018 ====================================================== Jaymangal Singh, S/o Late Chulhai Singh, R/o Vill- Mahuahi, P.S.- Ghorasahan, Dist- East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dhannjay Kumar No 2, Adv. For the Opposite Party : Mr. Prem Kumar Jha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 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 47 (a) of the Excise Act, 2016. 20 liters of country made liquor and 400 liters of raw material is said to have been recovered from the business place 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 either with the seized liquor or the place of recovery or any trade of liquor. He has not apprehended at the spot. He has been falsely implicated in this case at the instance of his enemy. There is violation of Section 100 Cr.P.C. He has no criminal antecedent

Patna High Court Cr.Misc. No.44997 of 2018 (04) dt.20-08-2018 - 2 - and has been languishing in custody since 16.05.2018. 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 Sessions Judge-VII-cum-Special Judge Excise, East Champaran, Motihari in connection with Excise Case No. 01 of 2000, arising out of Tr. No. 468 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/R.RanjanU T