Patna High CourtCR. MISC./53282/2018bail granted

Ram Narayan Bhuian @ Ram Baran Bhuyan And ANR v. The State Of Bihar

2018-08-29Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53282 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -KOTHIGRAM District- GAYA ======================================================

1. Ram Narayan Bhuian @ Ram Baran Bhuyan son of Khiju Buiyan @ Jageshwar Bhuiyan.

2. Khiju Bhuiyan @ Jageshwar Bhuiyan son of late Bilat Bhuiyan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 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 Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

35 litres of country made liquor is said to have been recovered from the house of the petitioner and petitioner was apprehended.

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

Patna High Court Cr.Misc. No.53282 of 2018 (2) dt.29-08-2018 with the seized liquor. He has been falsely implicated in the case 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. He has no criminal antecedent. He has been languishing in custody since 20.06.2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya in connection with Kothi P.S. Case No. 26 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T