Ramashish Chaurasia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43788 of 2018 Arising Out of PS.Case No. -114 Year- 2018 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================
1. Ramashish Chaurasia S/o- Late Kaltu Chaurasia, resident of- Darauli, P.S.- Bhabua, District- Kaimur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar Seth For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-07-2018 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.
22.500 liters of whisky is said to have been recovered from the possession of the petitioner.
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 by the police merely on suspicion while he had gone to attend the call of nature at the place of occurrence at the time of occurrence. The
Patna High Court Cr.Misc. No.43788 of 2018 (3) dt.30-07-2018 - 2 - real culprit managed to escape seeing the police party dumping the aforesaid whisky at the place of occurrence. He has been languishing in custody since 23.05.2018.
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 Sessions Judge- VI -cum-Special Judge Excise Act, Kaimur at Bhabua in connection with Excise Case No. 492 of 2018 corresponding to Chand P.S. Case No. 114 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T