Vikash Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46677 of 2018 Arising Out of PS.Case No. -60 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictSIWAN ====================================================== Vikash Chaudhary, Son of Late Parmeshwar Chaudhary, Resident of Village- Imali Chowk, Telhatta Bazar, P.S.- Siwan Town, District- Siwan, Bihar.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Yashraj Barhan, Advocate. For the Opposite Party : Mr. Upendra Kumar A.P.P.- 67 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 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 Excise Amendment Act, 2016.

43.56 liters of foreign liquor is said to have been recovered from the toilet of the petitioner and the petitioner managed to escape while his mother Kunti Devi 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 with the seized liquor. The toilet of the petitioner is located outside of the

Patna High Court Cr.Misc. No.46677 of 2018 (2) dt.01-08-2018 - 2 - house and easily accessible to anyone. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. The aforesaid Kunti Devi has been enlarged on bail by the learned lower Court. He has no criminal antecedent and has been languishing in custody since 08.06.2018. 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 Additional District Judge-II, Siwan in connection with Case No. C-III-60 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T - 2 -