Kilo Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23138 of 2018 Arising Out of PS.Case No. -91 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Kilo Sahni, Son of Ram Sewak Sahni, Resident of Belwaghat, Ward No.2, P.S.- Piprahi, District- Sheohar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Jagdish Prasad Bhagat For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

475.500 litres of Nepali saufi wine is said to have been recovered from the cycle 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. Though the aforesaid liquor is said to have been recovered from the cycle of

Patna High Court Cr.Misc. No.23138 of 2018 (3) dt.19-06-2018 2/2 the petitioner, but as the said liquor was kept in 1585 bottles, it is not possible to carry the aforesaid bottles on the cycle. Petitioner has been falsely implicated in the case while he was passing through the place of occurrence at the time of occurrence while someone fled away dumping the aforesaid liquor at the aforesaid place. He has no criminal antecedent. He has been languishing in custody since 10.02.2018.

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 A.D.J.-II, Sitamarhi in connection with Case No. C2/91/18.

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