Patna High CourtCR. MISC./38693/2018bail granted

Asheshwar Sahni @ Asheshwar Sahani v. The State Of Bihar

2018-07-20Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.38693 of 2018 (3) dt.20-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38693 of 2018 Arising Out of PS.Case No. -83 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Asheshwar Sahni @ Asheshwar Sahani Son of Sri Laxman Sahni @ Laxman Sahani Residence of Village - Nihsa, Ward No. 16, Police Station - Pupri, District - Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2018 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 30(a) of the Bihar Prohibition and Excise Act, 2016.

27 lts. of Nepali liquor is said to have been recovered from possession 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 with the seized liquor. He has been falsely implicated in this case at the instance of his enemies by planting the aforesaid recovery from

Patna High Court Cr.Misc. No.38693 of 2018 (3) dt.20-07-2018 his possession. There is violation of Section 100 Cr.P.C. The petitioner has no criminal antecedent. He has been languishing in custody since 07.05.2018.

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 A.D.J.-II cum Special Judge, Excise Act, Sitamarhi in connection with Complaint Case No. G.O. 83 of 2018.

(Prakash Chandra Jaiswal, J) Rohit/- U T