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Patna High CourtCR. MISC./44075/2018bail granted

Jaimangal Pandit v. The State Of Bihar

2018-07-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44075 of 2018 Arising Out of PS. Case No.-337 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Jaimangal Pandit S/o Shivdyal Pandit, R/o Vill.- Jolgawa, P.S. Turkaulia, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP 213 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Turkaulia P.S. Case No. 337 of 2018 registered under Section 30(A) of the Excise Act, 2016.

5.400 liters of foreign liquor is said to have been recovered from the house 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 possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in the case at the instance of his enemies. The house of the petitioner is

Patna High Court Cr.Misc. No.44075 of 2018(2) dt.20-07-2018 2/2 inhabited by several family members and he had no knowledge of keeping of the aforesaid liquor in the said house. Though one more case under Excise Act has been lodged against the petitioner, but, he is on bail in the aforesaid case. He has no criminal antecedent. He has been languishing in custody since 09.06.2018.

Considering the facts, aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Turkaulia P.S. Case No. 337 of 2018 to the satisfaction of the Additional District Judge VII-cum-Special Judge, Special Court, Excise, East Champaran at Motihari.

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