Babua Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8557 of 2018 Arising Out of PS. Case No.-466 Year-2017 Thana- KOTWALI District- Munger ====================================================== Babua Kumar, S/o Hardeo Chaudhary, Resident of Village- Purabsari near Railway Dhala (Krishnapuri), P.S. Kotwali (Purabsari), District Munger. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Raj Kumar Choudhary For the Opposite Party/s :

Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kotwali (Purab Sarai) P.S. Case no. 466 of 2017 registered under Section 30(a) of the Bihar Excise and Prohibition Act 2016. 17.250 lts. of foreign liquor is said to have been recovered from the bush located on the side of railway crossing and petitioner was apprehended on the spot.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or with the place of occurrence. He has been falsely implicated in the case merely on suspicion while he was passing

Patna High Court Cr.Misc. No.8557 of 2018(2) dt.17-02-2018 2/2 through the place of occurrence. He has no criminal antecedent. He has been languishing in custody since 31.12.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, ADJ-Vth, Munger in connection with Kotwali (Purab Sarai) P.S. Case no. 466 of 2017.

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