Kanhaee Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47272 of 2018 Arising Out of PS. Case No.-118 Year-2018 Thana- MAHESI District- East Champaran ====================================================== Kanhaee Chaudhary, S/o Kunkun Chaudhary, R/o Vill-Madari Chok, P.S. Mehasi, Distt-East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Tapeshwar Sharma ====================================================== 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 Mehasi P.S. Case No. 118 of 2018 registered for the offence punishable under Sections 37(d), 38, 30 of the Bihar Prohibition and Excise Act, 2016.
30 lts. of toddy is said to have been recovered from hut 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 toddy. The hut of the petitioner is inhabited by his several other family members and he had no knowledge of
Patna High Court Cr.Misc. No.47272 of 2018(2) dt.02-08-2018 2/2 keeping of toddy in the said hut. He has been falsely implicated in this case. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 22.06.2018..
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 Addl. Sessions Judge-VII-cum-Special Judge, Excise, East Champaran at Motihari in connection with Mehasi P.S. Case No. 118 of 2018.
(Prakash Chandra Jaiswal, J) rohit/- U T