Munna Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51405 of 2018 Arising Out of PS.Case No. -348 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Munna Kumar Patel S/o Shankar Patel @ Shankar Raut, R/o Vill.- Ratanpur, P.S.- Banjariya, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-08-2018 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.
180 ML of foreign liquor is said to have been recovered from the Dhaba 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. The Dhaba of the petitioner is visited by
Patna High Court Cr.Misc. No.51405 of 2018 (2) dt.21-08-2018 2/2 several customers and also there are several staffs working in the Dhaba and he had no knowledge of keeping liquor in the Dhaba. He has been falsely implicated in the case at the instance of his enemy. Though three more cases under the Excise Act have been lodged against the petitioner, but he is on bail in the aforesaid cases. He has been languishing in custody since 29.07.2018. 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 Special Judge, Excise Act, East Champaran, Motihari in connection with Excise Case No. 348 of 2018.
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T