Patna High CourtCR. MISC./9087/2018bail granted

Binod Prasad @ Binod Rai v. The State Of Bihar

2018-02-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9087 of 2018 Arising Out of PS.Case No. -369 Year- 2017 Thana -MASRAKH District- SARAN ======================================================

1. Binod Prasad @ Binod Rai S/o Late Bigan Prasad, R/o VillageGopalbari, Masrakh, P.S.- Masrakh, District- Saran, Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Parijat Saurav For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Masrakh P.S. Case No. 369 of 2017 registered under Section 272 & 273 of the Indian Penal Code and Section 30, 30 (a), 38 & 41 of the Bihar Prohibition and Excise Act, 2016.

4400 liters of country made liquor is said to have been recovered from the truck and pick-up van and five accused persons including the petitioner were apprehended, while other managed to escape. Petitioner is said to have arrived there to take supply of the spirit on the call of one Anil Singh. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.9087 of 2018 (02) dt.17-02-2018 2/ 2 conscious physical possession of the petitioner. He has been falsely implicated in this case due to dirty village politics. He has no concern with the seized liquor or the with the said Anil Singh or with the trade of liquor. One case under Excise Act has been lodged against the petitioner but he is on anticipatory bail in the said case. He has been languishing in custody since 30.12.2017. 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 District and Sessions Judge 6th-cum-Special Judge Excise Act, Saran at Chapra in connection with Masrakh P.S. Case No. 369 of 2017.

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