Suresh Bosak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47918 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -TEDHAGACHH District- KISANGANJ ====================================================== Suresh Bosak, Son of Late Ram Lal Bosak, Resident of Village- Bhorha, P.S.- Terhagachh, District- Kishanganj.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

9 litres of Nepali liquor is said to have been recovered from the possession of Lal Mohammed and said accused disclosed that he had to deliver the aforesaid liquor to the petitioner Suresh Bosak.

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 any trade of liquor. He has

Patna High Court Cr.Misc. No.47918 of 2018 (2) dt.06-08-2018 2/2 been falsely implicated in the case by the apprehended accused due to animosity. Barring the aforesaid disclosure, there is nothing in the record indicating the complicity of the petitioner in the occurrence. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 15.06.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-II cum Special Judge, Excise, Kishanganj in connection with Special Case No. 111 of 2018 arising out of Terhagachh P.S. Case No. 33 of 2018.

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