Sheoballi Nut @ Bhimballi Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25415 of 2018 Arising Out of PS.Case No. -324 Year- 2017 Thana -MARHAURA District- SARAN ====================================================== Sheoballi Nut @ Bhimballi Nut S/o Dineshwar Nut, R/o Vill.- Wazid Bhorha, P.S.- Marhaura, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjana For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 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 188, 272, 273 and 308 of the Indian Penal Code and Sections 30, 30(a), 30(d) and 36 of the Bihar Prohibition and Excise Act, 2016.

55 litres of country made liquor, oven, utensil and other articles are said to have been recovered from chaur and accused persons including the petitioner 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 article or with the place of recovery. He has

Patna High Court Cr.Misc. No.25415 of 2018 (2) dt.02-05-2018 2/2 been falsely implicated in the case at the instance of his enemies. He was not apprehended on the spot. Though two more cases under Excise Act have been lodged against the petitioner, but he is on bail in one of the aforesaid cases while final form has been submitted in another case. He has been languishing in custody since 15.03.2018.

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.-VI, Saran at Chapra in connection with Marhaura P.S. Case No. 324 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T