Harendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25430 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- HUSAINGANJ District- Siwan ====================================================== Harendra Chaudhary S/o late Sanjay Chaudhary, R/o Vill.- Hussainganj Wali Tola, P.S.- Hussainganj, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== 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 connection with Hussainganj P.S. Case no. 30 of 2018 registered under Sections 272, 273, 308 of I.P.C. and Sections 30(A), 36, 38 of Bihar Prohibition & Excise Act-2016.

6 lts. of country made liquor is said to have been recovered from plastic made hut behind the house of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery. He was not

Patna High Court Cr.Misc. No.25430 of 2018(2) dt.02-05-2018 2/2 apprehended on the spot. He has been falsely implicated in the case due to dirty village politics. Though one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 21.03.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cum-Special Judge, Siwan in connection with Hussainganj P.S. Case no. 30 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T