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Patna High CourtCR. MISC./27900/2018bail granted

Ganesh Bhandari v. The State Of Bihar

2018-05-10Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27900 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Ganesh Bhandari, Son of Late Ram Lakhan Bhandari, Resident of VillageKhaira, Ward No. 3, Police Station-Jaleshwar (Nepal), District-Mahotari (Nepal).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with G.O. Case No. 58 of 2018 for offences punishable under Sections 30 (A) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the SSB official, is that they apprehended the petitioner driving an E-rickshaw coming through Indo-Nepal border and about 236 liters of Nepali Saufi wine was recovered. Accordingly, a seizure list was prepared. It has been submitted for the petitioner that he is innocent, bears no criminal history and has been falsely implicated

Patna High Court Cr.Misc. No.27900 of 2018 (2) dt.10-05-2018 2/2 in the aforesaid case. He submits that nothing has been recovered from his conscious possession and is languishing in judicial custody since 22.03.2018.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Additional District Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with G.O. Case No. 58 of 2018. (Nilu Agrawal, J) Devendra/- U T