Patna High CourtCR. MISC./25616/2018bail granted

Dharmendra Kumar v. The State Of Bihar

2018-05-02Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25616 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Dharmendra Kumar, S/o Sri Devendra Sah, aged 24 years, Resident of Village & P.O.- Katarmala, P.S.- Goraul, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ganga Prasad Bimal For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-05-2018 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.

27 litres of foreign liquor is said to have been recovered from the house of the petitioner and the petitioner was apprehended while he was sleeping in the barandah of the said house.

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 house in question. He has

Patna High Court Cr.Misc. No.25616 of 2018 (2) dt.02-05-2018 2/2 been falsely implicated in the case by the police merely on suspicion while he was sleeping in the barandah of the said house. He has no criminal antecedent. He has been languishing in custody since 28.02.2018.

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 Addl. Session Judge-II cum Special Judge, Excise, Vaishali, Hajipur in connection with Excise Case No. 47 of 2018 arising out of Goraul P.S. Case No. 47 of 2018.

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