Deo Narayan v. The State Of Bihar

Patna High Court Cr.Misc. No.50374 of 2018 (2) dt.16-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50374 of 2018 Arising Out of PS.Case No. -256 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Deo Narayan, Son of Late Jitu Rai, resident of village - Kharjhakhiya, P.S.- Ghorasahan, District - East Champaran, Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2018 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.

26.700 litres of Nepali saufi wine 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 personnel of Excise department merely on suspicion while he was passing through the place of occurrence at the time of

Patna High Court Cr.Misc. No.50374 of 2018 (2) dt.16-08-2018 occurrence and real culprit managed to escape dumping the aforesaid liquor there. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 30.05.2018.

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 Special Judge, Excise, East Champaran, Motihari in connection with Excise Case No. 256 of 2018.

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