Suresh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79333 of 2018 Arising Out of PS. Case No.-309 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Suresh Das Son of Ghutar Das Resident of Village-Chakhawi, Ward no.4, P.S.- Vibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Sinha For the Opposite Party/s :

Mr.Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise Case No. 309 of 2018 registered under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

11 litres of country made liquor is said to have been recovered from possession of the petitioner.

It is submitted by the learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He is quite innocent and has been falsely implicated in this case at the instance of his enemy by planting aforesaid recovery from his possession. He has no concern with the seized liquor. He has no

Patna High Court Cr.Misc. No.79333 of 2018(2) dt.18-01-2019 2/2 criminal antecedent. He has been languishing in custody since 22.10.2018.

On the other hand learned Spl. PP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 3rd-cum-Special Judge, Excise, Samastipur in connection with Excise Case No. 309 of 2018.

(Prakash Chandra Jaiswal, J) sushma/- U T