Rajeshwar Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48705 of 2018 Arising Out of PS.Case No. -57 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictPATNA ====================================================== Rajeshwar Chaudhari son of late Jamun Chaudhari Resident of Village - Brahmsthan Colony, P.S. Alamganj, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-08-2018 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 37(b) of the Bihar Prohibition and Excise Act, 2016.

70 litres of toddy is said to have been recovered from beneath the Rajendra Nagar Bridge being sold by the petitioner and the petitioner was apprehended in inebriated condition.

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

Patna High Court Cr.Misc. No.48705 of 2018 (2) dt.09-08-2018 2/2 either with the seized toddy or place of recovery or any trade of liquor. Place of recovery is open place and is easily accessible to anyone. He has been falsely implicated in the case by the police merely on suspicion while he was passing through the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid toddy there seeing the police personnel. There is violation of Section 100 Cr.P.C. He had never consumed any liquor. He happens to be teetotaller. He has no criminal antecedent. He has been languishing in custody since 22.06.2018.

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 Special Judge, Excise Act, Patna in connection with P.R. P.S. Case No. 57 of 2018 / Special Case No. 5709 of 2018.

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