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Patna High CourtCR. MISC./47295/2018bail granted

Sheshnath Prasad v. The State Of Bihar

2018-08-02Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47295 of 2018 Arising Out of PS. Case No.-190 Year-2018 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Sheshnath Prasad, S/o Bashishth Prasad, R/o Vill-Tarwara Kumtola @ Tarwara, P.S. Gautam Budh Nagar (G.B. Nagar), District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav For the Opposite Party/s :

Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Gautam Budh Nagar (G. B. Nagar) P.S. Case No. 190 of 2018 registered for the offence punishable under Sections 272, 273 and 308 of the Indian Penal Code and Sections 30(A), 38, 41(1) of Bihar Prohibition Excise Act, 2016.

2.250 lts. of foreign 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

Patna High Court Cr.Misc. No.47295 of 2018(2) dt.02-08-2018 2/2 instance of his enemy by planting the aforesaid recovery from his possession. Though, one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 18.06.2018. In the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Siwan in connection with Gautam Budh Nagar (G. B. Nagar) P.S. Case No. 190 of 2018.

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