Guneshwar Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52310 of 2018 Arising Out of PS.Case No. -172 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictBEGUSARAI ====================================================== Guneshwar Sada, son of Asharfi Sada, resident of Village- Dewra, P.S.- Nawkothi, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

3 liters of country made liquor and 100 kgs. of raw material, which was destroyed during the course of excavating the said place, is said to have been recovered behind the 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 either with the seized liquor or the place of recovery. The place of

Patna High Court Cr.Misc. No.52310 of 2018 (2) dt.25-08-2018 - 2 - recovery is an open place and easily accessible to anyone and he had no knowledge of keeping of the seized article there by someone. He has no criminal antecedent and has been languishing in custody since 01.06.2018.

In the facts and circumstances of the case, 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 Additional Sessions Judge-II-cum-Special Judge Excise Act, Begusarai in connection with Excise Case No. 172C2 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T