Patna High CourtCR. MISC./47317/2018bail granted

Jagdish Sahni v. The State Of Bihar

2018-08-03Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.47317 of 2018 (2) dt.03-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47317 of 2018 Arising Out of PS.Case No. -347 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ======================================================

1. Jagdish Sahni son of Shiv Narayan Sahni, resident of VillageNarkatiyaganj, Ward No. 11, P.S.- Sonbarsa, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-08-2018 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

255 liters of Nepali Saufi Wine is said to have been recovered by the Commandant of SSB being carried by eight accused persons, out of that 18 liters Nepali Saufi Wine was recovered from the possession of the petitioner and all the accused persons barring petitioner managed to escape. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious

Patna High Court Cr.Misc. No.47317 of 2018 (2) dt.03-08-2018 physical possession of the petitioner. He has no concern with the seized liquor. He has been falsely implicated in this case by the personnel of SSB merely on suspicion while he was passing through the place of occurrence at the time of occurrence and the real culprit managed to escape dumping the aforesaid liquor there seeing personnel of SSB. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 25.06.2018.

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 2nd Additional Sessions Judge-cum-Special Judge Excise Act, Sitamarhi in connection with Complaint Case No. C2-347 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T