- (1.) I. M. Quddusi, J. Heard the learned counsel for the applicant and the learned Additional Government Advocate.
(2.) LEARNED Additional Government Advocate has informed this Court that the instructions have been received in this matter by him. LEARNED counsel for the applicant has argued that the applicant is the licenced dealer of country made liquor with other partners. They get pouches of country made liquor from the warehouse of the Excise Department at the rate of Rs. 1. 40 per pouch which is sold out @ Rs. 22 per pouch. The dealer has to sell his quota compulsorily which is seven Lacs litres per month. The dealer only sells out five lacs litres and remaining two lacs litres is left out and the liquor is sold out through the salesman who is a person approved and cleared by the Excise Department. The applicant is not a manufacturer. The sam ple which was sent for chemical analysis was taken from sealed pouches which were supplied by the Excise Department. It has further been contended that the salesman used to sell the country made liquor and not the applicant in person and if for the sake of argument some unauthorised pouches were sold out by the sales man it can be ascertained from the investigation only and in that case the salesman who is an approved salesman by the Excise De partment would be responsible for crimi nal action. He has further submitted that the applicant is a chronic heart patient since long and has been suffering from various cardiac and pulmonary- complica tion. His treatment is under way at S. P. G. Hospital Varanasi while in judicial cus tody. Copy of some documents in support of the submissions made by the learned counsel regarding ailing condition of the applicant have also been filed. Learned Additional Government Advocate has opposed bail application and submitted that in the viscera report of the deceased as well as in the sample taken from the shop of the applicant ethyl and methyl alcohol were found. Learned Addi tional Government Advocate has also not denied on the basis of his instructions that the applicant is not a chronic heart patient and his treatment is not going on in judi cial custody. They copy of seizure memo of the shop dated 27-4-1998 has been produced before this Court by the learned Additional Government Advocate according to which the shop in question was seized by the police and the smaple was taken from the sealed pouches and was sent for chemical analysis. I have perused the memo dated 27-4-1998 from which it does not appear that the samples taken from the pouches were not supplied by the Excise Depart ment or the pouches were found in the shop other than suppled by the Excise Department.
(3.) CONSIDERING the facts and circum stances of the case, I am of the opinion that the applicant is entitled for bail, Let the applicant Bajai Kumar Jaiswal son of Ramnath involved in case Crime No. 49 of 1998, under Sections 328, 304, IPC of P. S. Jaitpura, district Varanasi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Varanasi. Bail granted. .;