Patna High CourtCR. MISC./50659/2018bail granted

Shiv Chaudhary v. The State Of Bihar

2018-08-18Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50659 of 2018 Arising Out of PS.Case No. -291 Year- 2018 Thana -HARSIDHI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Shiv Chaudhary Son of late Bhikhari Chaudhary resident of villageSaraiya Khurd, P.S.- Harshidhi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-08-2018 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.

25.200 litres of country made liquor is said to have been recovered from the house of the petitioner and petitioner was apprehended in course of sleeping outside of the house. 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 the case

Patna High Court Cr.Misc. No.50659 of 2018 (2) dt.18-08-2018 2/2 at the instance of his enemy. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. The seizure list does not bear the signature of the petitioner. He has no criminal antecedent. He has been languishing in custody since 20.07.2018. 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 Special Judge, Excise Act, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 291 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T