Patna High CourtCR. MISC./48006/2018bail granted

Sita Ram Das v. The State Of Bihar

2018-08-07Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48006 of 2018 Arising Out of PS.Case No. -212 Year- 2018 Thana -ATRI District- GAYA ======================================================

1. Sita Ram Das S/o Ram Jatan Das, R/o Vill.- Amethi, P.S.- Wazirganj, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2018 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 Sections 272 & 273 of the Indian Penal Code and Section 30 (a) (d) of the Bihar Prohibition and Excise Act, 2016.

15 liters of country made liquor is said to have been recovered from the dickey of the motorcycle of the petitioner and petitioner 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. He has been falsely implicated in

Patna High Court Cr.Misc. No.48006 of 2018 (2) dt.07-08-2018 2/2 this case at the instance of his enemy by planting the aforesaid recovery from his possession. The seizure list does not bear the signature of the petitioner. There is violation of Section 100 Cr.P.C. He has no criminal antecedent and has been languishing in custody since 29.06.2018.

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 Special Judge Excise Act, Gaya in connection with Atri P.S. Case No. 212 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T