Rajendra Tudu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43302 of 2018 ====================================================== Rajendra Tudu, Son of Sri Sheetal Tudu, resident of village - Baliya Santhali / Santhali Tola, P.S.-Basnahi, District-Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

36 litres of country made liquor 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 the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprit managed to escape seeing the police party dumping the bag

Patna High Court Cr.Misc. No.43302 of 2018 (2) dt.18-07-2018 2/2 containing liquor there. He has no criminal antecedent. He has been languishing in custody since 22.05.2018. 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, Saharsa in connection with Special (Excise) Case No. 295 of 2018 arising out of Basnahi P.S. Case No. 46 of 2018.

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