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Patna High CourtCR. MISC./43509/2018bail granted

Suraj Kumar Sah v. The State Of Bihar

2018-07-19Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43509 of 2018 Arising Out of PS.Case No. -106 Year- 2018 Thana -THAWE District- GOPALGANJ ====================================================== Suraj Kumar Sah, s/o Jagu Sah, r/v-Bideshi Tola, P.S.-Thawe, DistrictGopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Verma, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Thawe P.S. Case No. 106/2018, registered under Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

34.560 liters of foreign liquor is said to have been recovered from the drain located in front of the house 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 either with the seized liquor or with the place of recovery. He has been falsely implicated in this case by the police merely on

Patna High Court Cr.Misc. No.43509 of 2018 (2) dt.19-07-2018 2/2 suspicion while he was standing at the door of his house. He has no criminal antecedent and has been languishing in custody since 08.06.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Gopalganj, in connection with Thawe P.S. Case No. 106/2018. (Prakash Chandra Jaiswal, J) Rakhi/- U T