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Patna High CourtCR. MISC./53204/2018bail granted

Ratan Lal Jha v. The State Of Bihar

2018-08-29Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53204 of 2018 Arising Out of PS.Case No. -191 Year- 2018 Thana -MAHESI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Ratan Lal Jha S/o - Uday Kumar Jha, Resident of Village- Parwata, P.S. Ghanshyampur, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 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 Sections 467, 468, 471 and 34 of the Indian Penal Code and Sections 30, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

172.500 litres of foreign liquor is said to have been recovered from the dickey of the Indigo Car and the petitioner was apprehended during the course of escaping from the said car while two other accused managed to escape.

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

Patna High Court Cr.Misc. No.53204 of 2018 (2) dt.29-08-2018 2/2 either with the seized liquor or with the vehicle in question. He happens to be a simple commuter and had no knowledge of keeping the said liquor in the dickey of the said car. He has been falsely implicated in the case at the instance of his enemy. He has no criminal antecedent. He has been languishing in custody since 14.06.2018.

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 Additional Sessions Judge 7th Cum Special Judge, Excise Act, East Champaran in connection with Mehsi P.S. Case No. 191 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T