Kameshwar Sudhari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50886 of 2018 Arising Out of PS.Case No. -39 Year- 2018 Thana -KAUWAKOL District- NAWADA ====================================================== Kameshwar Sudhari S/o late Daho Sudhari Resident of VillageBhikhampur Tola Gardapur, P.S. Rupau, District- Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Smt. Meena Singh ====================================================== 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.
105 litres of country made liquor is said to have been recovered from the Khalihan of Ishwari Das and petitioner sleeping in the said Khalihan 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 either with the seized liquor or with the place of recovery. He was not sleeping in the aforesaid Khalihan at the time of occurrence. He
Patna High Court Cr.Misc. No.50886 of 2018 (2) dt.21-08-2018 has been falsely implicated in the case at the instance of his enemy. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 30.06.2018. 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 District and Sessions Judge-II-cum-Special Judge, Nawada in connection with Kawakole (Rupau) P.S. Case No. 39 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T