Gorelal Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53828 of 2018 Arising Out of PS.Case No. -216 Year- 2018 Thana -SIRDALA District- NAWADA ====================================================== Gorelal Rajbanshi, Son of Musafir Rajbanshi, Resident of VillageBijubigha, P.S. Meskaur, District- Nawada .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 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 Prohibition and Excise Act, 2016.

38 litres of country made liquor is said to have been recovered from the lane located near the house of the petitioner and the 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 either with the seized liquor or place of recovery. Place of recovery is open place and is easily accessible to anyone. He has

Patna High Court Cr.Misc. No.53828 of 2018 (2) dt.30-08-2018 2/2 been falsely implicated in the case at the instance of his enemies and due to dirty village politics. Seizure list does not bear the signature of the petitioner. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 16.07.2018.

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 A.D.J.-II cum Special Judge, Nawada in connection with Sirdala (Meskaur) P.S. Case No. 216 of 2018.

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