Patna High CourtCR. MISC./45260/2018bail granted

Narayan Thakur v. The State Of Bihar

2018-07-25Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45260 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -KHUTAUNA District- MADHUBANI ====================================================== Narayan Thakur, Son of Vishwanath Thakur, R/o. Village- Khutauna, Ward No. 7, P.S.- Khutauna, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-07-2018 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 Sections 30 (a), 37(a) & (b) of the Bihar Prohibition and Excise Act, 2016.

900 ML. of Nepali liquor is said to have been recovered from the possession of the petitioner and petitioner was apprehended in inebriated condition.

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 at the instance of his enemy by planting the aforesaid recovery from his possession. He had not consumed liquor. He happens to be a

Patna High Court Cr.Misc. No.45260 of 2018 (2) dt.25-07-2018 teetotaler. He has no criminal antecedent and has been languishing in custody since 22.05.2018.

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-II -cum-Special Judge Excise Act, Madhubani in connection with Khutauna P.S. Case No. 47 of 2018 (G.R. No. 699 of 2018).

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