Hira Lal Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25389 of 2018 Arising Out of PS.Case No. -62 Year- 2018 Thana -KAHAIYA District- MUZAFFARPUR ====================================================== Hira Lal Ram S/o Late Shiv Deni Ram, R/o Vill.- Thikha Aswari, P.S.- Kathaiya, District- Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 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 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
70 litres of toddy is said to have been recovered from the bicycle of the petitioner 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 toddy or with the bicycle in question. As a
Patna High Court Cr.Misc. No.25389 of 2018 (2) dt.02-05-2018 2/2 matter of fact, the aforesaid bicycle was kept abandoned outside the house of Kasim Miya and while the petitioner was passing through the place of occurrence at the time of occurrence, he was apprehended by the police merely on suspicion. He has no criminal antecedent. He has been languishing in custody since 25.03.2018.
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 Special Judge, Excise, Muzaffarpur in connection with Kathaiya P.S. Case No. 62 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T