Baleshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52844 of 2018 Arising Out of PS. Case No.-168 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== Baleshwar Mandal Son of Dilo Mandal, resident of Village- Basaitha, TapuaTola, P.S. Chausa, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Chausa P.S. Case No. 168 of 2018 registered for the offence punishable Section 30(a) of Bihar Prohibition Excise Act, 2016. 6 lts. of country made liquor is said to have been recovered from possession 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 liquor. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. There is no compliance of Section 100 Cr.P.C.

Patna High Court Cr.Misc. No.52844 of 2018(2) dt.28-08-2018 2/2 He has no criminal antecedent. He has been languishing in custody since 27.06.2018.

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-II-cum-Special Judge, Excise Act, Madhepura in connection with Chausa P.S. Case No. 168 of 2018.

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