Bail granted to the petitioner under Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act, 2016, following allegation of false implication and recovery of liquor from his premises.
Petitioner enlarged on bail by furnishing Rs. 10,000 bond with two sureties to the satisfaction of the Additional District Judge VI, Samastipur.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45968 of 2018
Arising Out of PS.Case No. -186 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR
====================================================== 1. Ram Niwas Poddar Son of Late Sarjug Poddar, resident of VillageSomnaha Math, P.S. Chak Mehsi, District- Samastipur.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raja Ram Mishra For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 30-07-2018 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 30 (a) and 38(1) of the Bihar Prohibition and Excise Act, 2016.
6 liters of country made liquor is said to have been recovered from the toilet 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 with the seized liquor. He has been falsely implicated in this case at the
Patna High Court Cr.Misc. No.45968 of 2018 (2) dt.30-07-2018
Page 2 of 2
instance of his enemy by planting the aforesaid recovery from the toilet of his house. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the toilet of his house. He has no criminal antecedent and has been languishing in custody since 17.06.2018.
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- VI -cum-Special Judge Excise Act, Samastipur in connection with Excise Case No. 186 of 2018.
(Prakash Chandra Jaiswal, J)
Kr. Uday/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving possession of country-made liquor under the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Ram Niwas Poddar
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
