Mukhadev Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24165 of 2018 Arising Out of PS.Case No. -145 Year- 2018 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mukhadev Sahni S/o Ramnath Sahni, R/o Vill.- Ajgarwa, P.S.- Lakhaura, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar @ Sonu For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a) (d) of the Bihar Prohibition and Excise Act, 2016.

110 litres of country made liquor, gas cylinder, regulator etc. are said to have been recovered from the bank of Tilave river dumped by the petitioner and three accused persons and the petitioner was apprehended while other accused persons managed to escape.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.24165 of 2018 (3) dt.30-04-2018 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized article or with the place of recovery. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 22.03.2018. 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, Motihari, East Champaran in connection with Mufassil (Lakhaura) P.S. Case No. 145 of 2018.

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