Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13177 of 2018 Arising Out of PS.Case No. -228 Year- 2017 Thana -KHARIK District- BHAGALPUR ====================================================== Piyush Kumar, son of Ajay Kumar, resident of Tulsipr, P.S. Kharik, District Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kharik P.S. Case No.228 of 2017 registered under Section 30 (a) & 38 (i) of the Bihar Prohibition and Excise Act, 2016.

140 liters of foreign liquor is said to have been recovered from the roofless and doorless toilet located towards the northern side of the vasa 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 been falsely implicated in this case at the instance of his enemies. The said toilet is roofless and doorless and is easily accessible to anyone. He has no concern with the seized liquor. He has been

Patna High Court Cr.Misc. No.13177 of 2018 (02) dt.07-03-2018 2/ 2 languishing in custody since 05.12.2017.

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 Special Judge Excise Act, Bhagalpur in connection with Kharik P.S. Case No. 228 of 2017.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T