Diwakar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38185 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Diwakar Choudhary, son of Brahmdeo Choudhary, resident of Mohalla Kutubganj, P.S. Mojahidpur (Babarganj), District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Upadhyaya For the Opposite Party/s : Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 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.

20 liters of country made liquor is said to have been recovered from the house of the petitioner and the petitioner managed to escape.

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 with the seized liquor. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. He has been falsely implicated in this

Patna High Court Cr.Misc. No.38185 of 2018 (02) dt.29-06-2018 - 2 - case at the instance of his enemy. He has no criminal antecedent and has been languishing in custody since 18.05.2018 In the facts and circumstances of the case, 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 2ndAdditional Sessions Judge-cum-Special Judge Excise, Bhagalpur in connection with Mojahidpur (Babarganj) P.S. Case No.85 of 2018.

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