Ramanand Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83060 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== RAMANAND CHAUDHARY Son of Late Ramratan Chaudhary Resident of Village - Phulwariya, P.S.- Raghunathpur, Dist.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-12-2019 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 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.
388.800 litres of foreign liquor is said to have been recovered from the asbestos house of the petitioner. 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 was not apprehended on the spot. Aforesaid house is inhabited by his family members but seizure list does not bear the signature of any of his family
Patna High Court CR. MISC. No.83060 of 2019(2) dt.16-12-2019 2/2 members rather of the witness Rajesh Yadav which creates doubt about recovery of the aforesaid liquor from the house of the petitioner. He has been falsely implicated in the case at the instance of his enemy by planting aforesaid recovery from his possession. He has been languishing in custody since 20.11.2019.
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. Sessions Judge-II cum Special Judge, Excise, Siwan in connection with Raghunathpur P.S. Case No. 142 of 2019.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T