Raj Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53293 of 2018 Arising Out of PS.Case No. -469 Year- 2018 Thana -DANAPUR District- PATNA ====================================================== Raj Kumar Chaudhary, S/o. Ramanand Chaudhary, R/o. Village- Ashopur, Tadwana, P.S.- Danapur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binit Kumar For the Opposite Party/s : Mr. Bharat Lal ====================================================== 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

66 litres of country made liquor is said to have been recovered from the northern side of 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 either with the seized liquor or with the place of recovery. The place of recovery is open place and easily accessible to anyone. The seizure list does not bear the signature of the petitioner. There

Patna High Court Cr.Misc. No.53293 of 2018 (2) dt.29-08-2018 2/2 is violation of Section 100 Cr.P.C. He has been falsely implicated in the case. He has been languishing in custody since 26.07.2018. 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, Patna in connection with Danapur P.S. Case No. 469 of 2018.

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