Anil Choudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35647 of 2018 Arising Out of PS.Case No. -240 Year- 2018 Thana -SIWAN CITY District- SIWAN ======================================================
1. Anil Choudhari, Son of Krishna Choudhari, Resident of MohallaFatehpur Chuath Gali, Durga Mandir, Police Station- Siwan Town, DistrictSiwan. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-06-2018 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 30(a), 36 of the Bihar Prohibition and Excise Act, 2016.
10.260 mls. whisky is said to have been recovered from the possession of the petitioner.
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 case at the instance of his enemy by planting the aforesaid recovery from his
Patna High Court Cr.Misc. No.35647 of 2018 (02) dt.28-06-2018 - 2 - possession. Though one more case under the Excise Act has been lodged against the petitioner but he is on bail in the said case. He has been languishing in custody since 24.04.2018. 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 2nd -cum-Special Judge, Excise, Siwan in connection with Siwan town P.S. Case No. 240 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T