Chhotu Dom @ Chhote v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30029 of 2018 Arising Out of PS.Case No. -196 Year- 2017 Thana -KADAMKUAN District- PATNA ======================================================
1. Chhotu Dom @ Chhote, S/o Late Munna Dom, R/o Nala Road, Near Pani Tanki, Road No. 1, P.S.- Station- Kadam Kuan, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-05-2018 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 and 38 of the Bihar Prohibition and Excise Act, 2016.
44 litres of country made liquor is said to have been recovered from the possession of the petitioner and the 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 the case. The house of the petitioner is inhabited by several family members and he had no knowledge of keeping of the said liquor in the
Patna High Court Cr.Misc. No.30029 of 2018 (03) dt.23-05-2018 - 2 - house. The seizure list does not bear the signature of the petitioner. Though several criminal cases have been lodged against the petitioner but he is on bail in the aforesaid cases. He has been languishing in custody since 28.02.2018.
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, Patna in connection with Special Case No. 1603 of 2017 arising out of Kadam Kuan P.S. Case No. 196 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T