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Patna High CourtCR. MISC./48034/2018bail granted

Dharmendra Thakur v. The State Of Bihar

2018-08-07Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48034 of 2018 Arising Out of PS.Case No. -237 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSASARAM (ROHTAS) ====================================================== Dharmendra Thakur Son of Bahadur Thakur resident of village Kushdihra P.S.Tilauthu District Rohtas at Sasaram.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

60.480 litres of foreign liquor is said to have been recovered from the doorless straw 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 with the seized liquor. The said straw house of the petitioner is doorless and is easily accessible to anyone. He had no knowledge

Patna High Court Cr.Misc. No.48034 of 2018 (2) dt.07-08-2018 2/2 of keeping of the liquor in the said straw house by someone. There is violation of Section 100 Cr.P.C. He has been falsely implicated in the case at the instance of his enemies. He has no criminal antecedent. He has been languishing in custody since 13.07.2018. 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, Rohtas at Sasaram in connection with Excise Case No. 237 of 2018.

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