Golu Kumar @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20345 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- DIGHA District- Patna ====================================================== Golu Kumar @ Vivek Kumar, Son of Late Mahesh Rai, Resident of Gate No.67, Kurji, Mohalla Kurji, P.S.- Digha, in the town and District of Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kamal Kishore Mishra For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Digha P.S. Case no. 51 of 2018 registered under Sections 30(a), 38(i) of Bihar Prohibition & Excise Act-2016.

280 lts. of foreign liquor is said to have been recovered from the house of the petitioner and mother of the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. The petitioner was not apprehended on the spot. He has been falsely implicated in the case at the instance of his enemy. He has no concern with the

Patna High Court Cr.Misc. No.20345 of 2018(2) dt.11-04-2018 2/2 seized liquor. The house from where the aforesaid liquor is said to have been recovered, is inhabited by several other family members of the petitioner and he had no knowledge of keeping the aforesaid liquor in the said house. He has no criminal antecedent. He has been languishing in custody since 24.01.2018.

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, Patna in connection with Digha P.S. Case no. 51 of 2018.

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