Shri Bhagwan Sah @ Timal @ Timal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49472 of 2018 Arising Out of PS.Case No. -259 Year- 2018 Thana -SIWAN CITY District- SIWAN ====================================================== Shri Bhagwan Sah @ Timal @ Timal Sah, S/o.- late Baidhnath Sah, R/o. Village- Guljar Bazar Falmandi, P.S. Siwan Town, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate. For the Opposite Party/s : Smt. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 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 30 (a) 36 of the Bihar Prohibition and Excise Act, 2016.

2.252 liters of foreign liquor is said to have been recovered from the possession of the petitioner and petitioner was apprehended.

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 this case at the instance of his enemy by planting the aforesaid recovery from his possession. Though two more criminal cases have been lodged

Patna High Court Cr.Misc. No.49472 of 2018 (02) dt.10-08-2018 - 2 - against the petitioner but he is on bail in the aforesaid cases. He has been languishing in custody since 04.05.2018. 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 District and Sessions Judge-II-cum-Special Judge Excise Act, Siwan in connection with Siwan Town P.S. Case No. 259 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T