Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24582 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -GAYA RAIL P.S. District- GAYA ======================================================
1. Shankar Kumar, S/o Badri Prasad, Khodovelly Bahal Dih, P.O.- Nawagarh, P.S.-Barora, Dumra Nath Dhanbad, at Presently Resident of Village-Mirjapur, Ward No.-1, P.S.-Nawada, District-Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Sinha For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 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.
40 liters of country made liquor is said to have been recovered from the bag kept beneath the seat of the petitioner in railway coach.
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 by the G.R.P. personnel due to altercation
Patna High Court Cr.Misc. No.24582 of 2018 (02) dt.30-04-2018 2 / 2 with them over demand of graft money. He has no concern either with the seized bag or the article kept therein. He has no criminal antecedent and has been languishing in custody since 23.02.2018. 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 Special Judge Excise, Gaya in connection with G.R.P.S. Case No.50 of 2018. (Prakash Chandra Jaiswal, J.) Trivedi/- U T