Patna High CourtCR. MISC./53530/2018bail granted

Manoj Singh v. The State Of Bihar

2018-08-30Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53530 of 2018 Arising Out of PS. Case No.-84 Year-2018 Thana- KORANSARAI District- Buxar ====================================================== Manoj Singh, S/o Late Madan Singh, R/o Vill-Mathila, P.S. Koransarai, DisttBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Koransarai (T) P.S. Case no. 84 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3.780 lts. of foreign liquor is said to have been recovered from the house of the petitioner and he was apprehended.

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

Patna High Court Cr.Misc. No.53530 of 2018(2) dt.30-08-2018 2/2 the instance of his enemy. The house of the petitioner is inhabited by his several other family members and he had no knowledge of keeping of liquor in the house. The seizure list does not bear the signature of the petitioner. There is no compliance of Section 100 Cr.P.C. Though, one more case under Excise Act has been lodged against the petitioner, but he is on bail in the said case. He has been languishing in custody since 14.07.2018.

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. District & Sessions Judge-II-cum-Special Judge, Excise Act, Buxar in connection with Koransarai (T) P.S. Case no. 84 of 2018.

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