Patna High CourtCR. MISC./53558/2018bail granted

Ranjay Tanti v. The State Of Bihar

2018-08-30Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53558 of 2018 Arising Out of PS.Case No. -231 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictJAMUI ====================================================== Ranjay Tanti S/o Mohan Tanti, R/o Vill.- Gopalpur, P.S.- Khaira, DistrictJamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kartik Kumar Sinha For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 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 (Amendment) Act, 2016.

21.160 litres of foreign liquor is said to have been recovered from the sale centre 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 physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or any

Patna High Court Cr.Misc. No.53558 of 2018 (2) dt.30-08-2018 2/2 sale centre or any trade of liquor. Aforesaid liquor was seized from the public place. He has been falsely implicated in this case by the personnel of Excise Department merely on suspicion while he was passing through the place of occurrence at the time of occurrence while the real culprit managed to escape dumping the aforesaid liquor there seeing them. There is violation of Section 100 Cr.P.C. He has been languishing in custody since 17.07.2018. Though one more criminal case under the Excise Act has been lodged against the petitioner, but he is on bail in the aforesaid case.

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 Additional District and Sessions Judge-II, Jamui in connection with Excise Case No. 231 C2 of 2018.

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